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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1752] 1 Elchies 170 (23 December 1752)
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Cite as: [1752] 1 Elchies 170
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[1752] 1 Elchies 170
Subject_1 FUNERAL CHARGES.
A
v.
B
1752 ,Dec .23 .
Case No.No. 4.
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Lord Justice-Clerk reported a case for advice, Whether creditors for a wife's funeral charges have a preference in the husband's effects to his other creditors? We were no quorum, and therefore could not decide it, but both President and Justice-Clerk thought they had. But I thought, though the husband was liable, yet the law gave no preference on any effects but those belonging to the defunct, which did no hurt to commerce, whereas the other would go great hurt, and extend to parents and children as well as husbands and their heirs. Vide Newton, Decision 1, (Dict. No. 127. p. 5924.) The President agreed as to funerals of children, and they seemed to found their opinion on the supposed or rather imaginary opinion of a communion of goods. But what would be the case of other communions, as of societies or corporations?
The electronic version of the text was provided by the Scottish Council of Law Reporting