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Scottish Court of Session Decisions >>
Earl of Galloway v Mr Basil Hamilton ot Baldoon, and Lady Mary Hamilton his Mother. [1700] Mor 3759 (30 June 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Mor0903759-105.html Cite as:
[1700] Mor 3759
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IV.
Execution by leaving a Copy.
Earl of Galloway v. Mr Basil Hamilton ot Baldoon, and Lady Mary Hamilton his Mother
Date: 30 June 1700 Case No. No 105.
Found in conformity with No 102. p. 3757. in the execution of a summons.
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In the reduction and improbation at the Earl of Galloway's instance, against Mr Basil Hamilton and Lady Mary Hamilton his mother, the Lords found no process against the Lady, in respect the execution bore only that the deceast Lord Basil Hamilton, her husband, was personally cited at Edinburgh, and that she was cited by delivering a copy to him for himself, and in name of his Lady, who was then at Hamilton; which the Lords found did not import a legal citation of the Lady, who ought to have been cited by giving a copy to herself personally, or leaving a copy at their dwelling-house, in the terms of the act of Parliament; albeit it was alleged for the pursuer, That delivering a copy to the husband, who was curator in law to his Lady, was equivalent to the giving a copy to herself, and a better certioration than if a copy had been left with any servant in the house; for the Lords were of opinion, that a copy given to any curator in name of the minor, is null.
