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Subject_1 Husband and Wife Subject_2 Separation. Facts: Where a woman proved on the part of her husband continuous intoxication followed by threats and personal violence, which caused her reasonable fear for her life, the Court granted decree of separation, the wife having agreed to pay her husband an alimentary annuity of £25 out of her separate estate.
The defender in defence denied the alleged threats and acts of violence, stating that it was owing to the pursuer's irritable temper that they could not live happily together.
The Lord Ordinary ( Adam ) assoilzied the defender from the conclusions of the action.
The pursuer reclaimed, and it was argued for her—She was entitled to decree of separation, because (1) in point of fact the alleged continuous intoxication, violence, and threats were clearly proved; and (2) in point of law it was enough to show that there had been well-founded fear produced by threats or violence used when under the influence of continuous intoxication.
Authorities— Paterson v. Russell , August 9, 1850, 7 Bell's App. 337 ; Fulton v. Fulton , June 28, 1880, 12 D. 1104 .
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