BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Countess of Dumfermling v The Creditors of The Earl of Dumfermling. [1696] 4 Brn 349 (31 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040349-0737.html Cite as:
[1696] 4 Brn 349
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Countess of Dumfermling v. The Creditors of The Earl of Dumfermling
Date: 31 December 1696
Click here to view a pdf copy of this documet : PDF Copy
Arbruchell reported the Countess of Dumfermling against the Creditors. She had raised a summons for modifying to her an aliment, (in regard it had been refused to her by way of bill,) which she only craved during the dependence of the ranking. It was objected against it, 1mo. That all the officers of state were not called, viz. the secretary, justice-clerk, &c. 2do. That it could not have summary discussing, by virtue of the Act of Parliament in September last, 1696, because it was raised before the Act.
Answered to the first,—The commissioners of the treasury, and donatars of the forfeiture, who had the greatest interest, were called. To the second,—It was seen and returned communi forma, which was enough, though the Act had no retrospect.
The Lords repelled the dilators, and allowed to call the rest of the officers of state, cum processu. But, on a review, they inclined to sustain the first dilator on the Act of Parliament.
