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Scottish Court of Session Decisions >>
Captain Alexander Gavin v Sir Robert Montgomery of Skelmurly. [1705] Mor 2184 (28 December 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Mor0502184-015.html Cite as:
[1705] Mor 2184
Who must be Cited in a process against Minors, and who Certiorated in Extrajudicial Steps against them.
Captain Alexander Gavin v. Sir Robert Montgomery of Skelmurly
Date: 28 December 1705 Case No. No 15.
A decreet against a minor, and his curators not cited with him in initio litis upon two diets, but only cited cum processu, by virtue of an incident to appear on two days warning, was turned into a libel.
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Sir Robert Montgomery of Skelmurly being charged upon a decreet obtained against him and his curators, at the instance of Captain Alexander Gavin, where the curators were not cited in initio litis with the minor upon the induciæ legales of two diets, but ex post facto only cited cum processu by virtue of an incident to compear upon days warning; The Lords turned the decreet into a libel.
