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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston and His Tutor ad litem v Johnston. [1740] Mor 16346 (16 January 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3716346-270.html

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[1740] Mor 16346      

Subject_1 TUTOR - CURATOR - PUPIL.

Johnston and His Tutor ad litem
v.
Johnston

Date: 16 January 1740
Case No. No. 270.

Inhibition raised in a pupil's name before his tutor ad litem was appointed, sustained.


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It was observed as a nullity in an inhibition, that it was raised in a pupil's name on a dependence, before his tutor ad litem was appointed; which the Lords repelled, as being no more a nullity in the inhibition than it was in the process, itself, which is regularly enough brought first into Court in the pupil's name, and the tutor ad litem thereafter appointed.

Kilkerran, No. 3. p. 584.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3716346-270.html