[1748] 1 Elchies 495
Subject_1 TUTOR - CURATOR - PUPIL.
Ure
v.
Liddle
1748 ,Nov. 29 .
Case No.No. 18.
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A tutor of law being served, the clerk neglected to take a bond of caution, at least none now appears; however the service never was retoured; and the infant having recovered decreet against him for the balance, now sues Ure, the clerk, for not taking the bond. Haining found him liable; but we, in respect the service was not retoured, nor
no gift of tutory, thought, though a bond had been taken, the cautioners would not have been liable; and therefore we assoilzied the clerk.
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