A B v. C D

Subject_1 Jurisdiction Subject_2 Declarator of Marriage Subject_3 Acceptance of Service by Agents under Reservation of all Pleas competent to Defender. Facts: An action was brought against a domiciled Englishman to have it declared that he had entered into a marriage in, Scotland by declaration de præsenti . The defender had returned to England, and his agents in Scotland accepted service of the summons, but under reservation of all pleas competent to him. Held that the Scottish courts had no jurisdiction over him.

A B, a widow, raised an action against C D to have it declared that they were lawfully married to each other in Scotland on or about 24th January 1888, or alternatively for damages for seduction.

The pursuer averred that on the morning of Tuesday 24th January a written declaration of marriage de præsenti was drawn out and subscribed by her and the defender before two witnesses, and that in consequence of such declaration of marriage the pursuer permitted the defender to have intercourse with her, which she would not have permitted had she not considered herself legally married to him.

Service of the summons was accepted by the agents of the defender in Scotland, but under reservation of all pleas competent to him, and defences were lodged for him.

Argued for the defender—(1) Where an action of declarator of marriage was raised against a foreigner there must be personal citation upon the defender in Scotland—Fraser on Husband and Wife, ii. 1272 (note a ); Wylie v. Laye , July 11, 1834, 9 F.C. 495 , and 12 S. 927 . (2) There had been nothing here equivalent to personal citation, and all pleas, including that of no jurisdiction, had been reserved in the acceptance of service.