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Scottish Court of Session Decisions >>
Hog v Tenant. [1760] Mor 7674 (27 June 1760)
URL: http://www.bailii.org/scot/cases/ScotCS/1760/Mor1807674-378.html Cite as:
[1760] Mor 7674
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It was questioned whether the Court of Session had a jurisdiction in the first instance over natives of Scotland, residing at Campvere. Argued, That the view of our statutes in establishing the jurisdiction of the Conservator was to prevent parties residing abroad from being put to the charge of pursuing or defending actions in Scotland, which would be defeated, if the jurisdiction of the Court of Session was sustained in the first instance. Answered, All natives of Scotland are subject to the forum originis. The Lords sustained the jurisdiction of the Court of Session in the first instance.
Fol. Dic. v. 3. p. 355. Fac. Col.
*** This case is No 2. p. 4780, voce Forum Competens.
***Conservator's decrees, whether subject to the review of the Court of Session; see Div. 4. h. t.
