The Daily Times.
Liverpool, Merseyside, England, 1860-05-30 00:00:00

A MODERN -ROMANCE:

In the Court of Session, Vinburgh, en Saturday,
judgment was given in a singular action by a wife
against her husband. A person in Aberdeen, of the
name of Donald died many years ago, leaving two
34ifclied, Robert aitd James Donald. Robert became a
brush thaa-factiier in Aberdeen, and James became a
shoertiAer Ciere. ,latnes Defiald was unfortunate in
business, and left Aleirethrstenees
in 1829. He took with him the riisaet,..,then a girl of
about 15 years of age. He was afteiwiids;'.iif 1'833;
married to this person in Glasgow, and they conttutied
to cohabit togethat for about eight years, when, owing f 6
a strike of the shoemakett in Glasgow, Donald went to
Ireland in search of employment in his business, and left
his wife behind, on the understanding that be was to send
for her on getting employment. Failing to:hear from
her husband as arranged, she left Glasgow in search of
hini, and after some trouble distorered him in Dublin,
gOitig under the adrhe of lames Byron. The parties
again lived teigather fef a short time in Dublin, when
the defender again deserted lii ififei and went to
Englaid, where he pursued his busing is a tourney-man
shoemaker for the last eighteen years. In tlte &earl-
time his brother, Robert Donald, had been MC -
cessful in Ir' hrisiness,' and it April last year he died,
leaving a fortune, inks Sid by. his own industiy, of
about £17,000. Robert Donald. 'cet thin iihn'ey to
certain trustees, under a general settlement, Whereby
they were directed to pay the liferent of his estate to
his mother, an old woman, aged about 94 years. and
the ea` of principal of the money to such parties as '
he might 'direct it; an ether testamentary writing
under his hand. He lila ii,ithorit leaving any such
writing ; and the defender, on his t;:!OtlIes death, re-
turned to Aberdeen, and claimed the whale irieeksion
as heir-at-law. His wife had for many years been
earning a livelihood by selling smallwares as a hawker
throughout the county of Aberdeen, and on the de-
fender's return to Aberdeen to inherit his brother's
succession she came forward and claimed him as her
husband. From the pleadings in the cause it would
appear that he had smile hesitation at first •in
admitting her identity. But he now does so. He, how-
eVer, refused het tapport, and in rune last she raised
an action for girlie& against hini in the Sheriff Court of
Aberdeen, concluding for att alithentary allowance of X 66
year. Thiri action him abandoned, and raised the pre-
sent one in its stead. In it she conabided for £4OO of
arrears of aliment, and £2OO a year for future aliment.
The defender denied the act of- desertion, and also
the amount .of his means. , Both parties accused
each other, of, haying eqUnaltferl a`dtiltery during the
period of their separation ;. and are 14i.te haS already
raised an action for divorce, under the decree inokhieh,
if successful, she will become entitled to one-half of the
whole of her husband's moveable estate, and her terse,
or third, of the annual rental of the heritage. When
the case came before the Court a proof of the
defender's means was alloWed. When this proof had
been partially led, the defender agreed to pay her
aliment at the rate of £75 a year for future aliment,
and this rate the pursuer accepted under teSetva-
tion of her right to obtain an increased rate on the
death of the defender's mother. The defender denied
entirely his liability for future aliment, on the
ground that such a claim was " unfounded in law in
respect as a wife is not entitled to recover such arrears
froth her husband." The Lord President delivered the
Opinion of the Conti, acid held that as the pursuer did
not aver in record that she had contracted any debt, or
vas Under any obligation to pay third patties for her
maintenance during the Period of desertion, the plea of
the defender, as regarded the arrears of aliment, was
well fOunded, and dSioiliied him froth that conclusion
of the action, arid ded6rfied against him for the full
expenses of the process.