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Scottish Court of Session Decisions >>
Sheriff-Clerks v Commissaries of Edinburgh. [1748] Mor 7694 (16 December 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor1807694-395.html Cite as:
[1748] Mor 7694
What Courts competent for Registration, in order to do Diligence.
Sheriff-Clerks v. Commissaries of Edinburgh
Date: 16 December 1748 Case No. No 395.
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In a ranking of the creditors of Govan of Cameron, a diligence being objected to, as proceeding upon a bond registered in the Commissaries' books, which was said to be an incompetent court; the Lords found, That the Commissaries had no power to pronounce decrees in absence in causes purely civil for any sum above L. 40 Scots, but that they had a power of registering bonds, bills, contracts, and obligations, for whatever sums granted, and of authenticating tutorial and curatorial inventories, and an act of sederunt, of date 17th December 1748, was made to that effect.
Fol. Dic. v. 3. p. 363. Kilkerran. Rem. Dec.
*** This case is No 27. p. 7310., and No 281. p. 7561.
