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Scottish Court of Session Decisions >>
Burgesses of Glasgow v Lo. Lorn. [1627] Mor 2180 (1 March 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor0502180-010.html Cite as:
[1627] Mor 2180
Who must be Cited in a process against Minors, and who Certiorated in Extrajudicial Steps against them.
Burgesses of Glasgow v. Lo Lorn.
Date: 1 March 1627 Case No. No 10.
A suspension against a minor was sustained, altho' executed against the charger only, and not against his tutors and curators; neither was there any warrant in the suspension to summon them.
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In a suspension at the instance of the Burgesses of Glasgow against the Lo. Lorn, who had charged the suspenders for payment of the assyse herrings, the Lords sustained the suspension, albeit it was executed against the charger only, and not against his tutors and curators, he being minor, neither was there any warrant in the suspension for to summon his tutors and curators, without whom had been cited, he alleged he could not be compelled to reason upon that suspension; which allegeance was repelled, seeing the suspenders had summoned the Lo. Lorn himself, to whom the command of the letters, and charges produced lay him, ordained the payment to be made, and bore no mention of his tutors, and curators, and so they summoned him, to whom the command of the letters craved payment to be made; and albeit it was replied, that a minor may make his condition better without his curators, yet no legal process can be led against him, without his curators were cited, that also was repelled.
Act. Hope.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 132. Durie, p. 283.
