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Scottish Court of Session Decisions >>
Miller v Brebner, &c. [1764] Mor 7354 (22 February 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Mor1807354-086.html Cite as:
[1764] Mor 7354
A process against debtors within the same sheriffdom, each of them for a sum under 200 merks, is not competent before the Court of Session in the first instance.
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A Man having several debtors within the same sheriffdom, not one of whom owed him to the extent of 200 merks, thought proper, notwithstanding, to convene them all in one process before the Court of Session, and obtained a decree in absence. This decree being suspended, the following interlocutor was pronounced at discussing the suspension: “In respect that the suspenders, though living within the same jurisdiction, were called before the Court of Session prima instantia, for payment of sums, each of them under 200 merks, though above 200 merks upon the whole; therefore, suspend the letters simpliciter, and decern; reserving to the charger to insist, as accords, before the inferior Court,”
