[1743] 1 Elchies 495
Subject_1 TUTOR - CURATOR - PUPIL.
Sutherland of Pronzie, Infant,
v.
His Uncle
1743 ,Jan. 28 .
Case No.No. 16.
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A brieve of tutory being served, and at the day of compearance, the tutor of law not compearing and producing the brieve, the nearest of kin on the mother's side craved the diet to be deserted simpliciter; but the Judge deserted the diet until the brieve be of new served; which the Lords thought he could not do; and that since the brieve was not produced and insisted in, it should have been deserted simpliciter.
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