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Scottish Court of Session Decisions >>
Aldcorn v Ker. [1630] Mor 7576 (15 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor1807576-288.html Cite as:
[1630] Mor 7576
Commissaries are limited that they cannot Judge in causes above a certain sum.
Aldcorn v. Ker
Date: 15 January 1630 Case No. No 288.
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A decreet before the Commissary of Peebles, for the sum of L. 60, being quarrelled by suspension as null, because albeit it proceeded upon the defenders being holden as confest, yet the inferior Commissaries were not judges in matters referred to oaths above the sum of L. 40, and the Commissaries of Edinburgh in matters exceeding 100 merks, conform to their injunctions; notwithstanding whereof the decreet was sustained.
Fol. Dic. v. 1. p. 505. Durie, p. 481.*** Spottiswood reports this case:
1630. January 16.—Turnbull having obtained a decreet against Ker, for payment of L. 60, before the Commissary of Peebles; this decreet was suspended, because the Commissary could not be judge in a civil matter above L. 40. Yet the Lords sustained the decreet.
