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Scottish Court of Session Decisions >>
A. v B. [1577] Mor 16233 (5 February 1577)
URL: http://www.bailii.org/scot/cases/ScotCS/1577/Mor3716233-058.html Cite as:
[1577] Mor 16233
Although a curator ad litem may be appointed at the Bar, the appointment of a curator ad negotia requires the forms prescribed by act of Parliament.
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There was a minor charged to give and discharge upon an obligation or bond, for fulfilling of the which he was lawfully bound to keep and observe: He excepted, that his curators were not charged to that effect, and he, without curators, and being not authorised, had no power to stand in judgment. It was answered to him by the pursuer, that the Lords might give him instantly curators ad lites and ad negotia. It was found by the Lords, that albeit they might instanter give him curators ad lites, yet they could not give curators ad negotia, but conform to the common order and act of Parliament.
