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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor3716331-253.html

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[1711] Mor 16331      

Subject_1 TUTOR - CURATOR - PUPIL.

Aiton of Kinnaldie
v.
Scot

Date: 18 January 1711
Case No. No. 253.

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A tutor having submitted his pupil's claim, and the pupil being charged upon the decree-arbitral, the Lords had no occasion to determine the general point, If tutors might submit, because they found the decree-arbitral could not afford a summary charge against his pupil, but only an ordinary action; but they declared, that they would decern the pupil to implement, unless he could instruct evident lesion.

Fountainhall.

*** This case is No. 22. p. 14997. voce Summary diligence.

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


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