Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Irvin
v.
The Commissary of Dunkel

Date: 17 June 1635

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One Irvin pursuing the Laird of Weym and his other curators, for account of their intromission, &c.; in this process compeared the commissary of Dunkel, who was constituted factor by the curators to intromit with some of the goods belonging to the minor, for a certain sum which the commissary was obliged to pay to the curators fnr the same; which process, after divers times calling thereof, the said commissary compeared therein, and took a day to account, and nominated auditors for that effect; and, at the day appointed for accounting, being desired to give in his account, he declared he would not compear in that process, seeing he was not a party called, but only the curators were called, to whom he would remit to give in their own accounts, and nominate their own auditors, and that he would not meddle therein;—the Lords, in respect the commissary compeared in the process, et suscepit in se judicium, and took diets therein, found that he could not defugere susceptum, unless he would pay such a pecunial sum, which instantly the Lords modified to the party for his expenses, through his delay of process.

Act. ——. Alt. M'Gill. Hay, Clerk.

Page 766.