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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hamilton v Dalgleish. [1752] 1 Elchies 360 (26 June 1752)
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Subject_1 PROCESS.
Hamilton
v.
Dalgleish
1752 ,June 26 .
Case No.No. 24.
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The heir of the common debtor was minor, and the pursuers had neglected to call his tutors and curators at the market cross, and Justice-Clerk, Ordinary, gave them a diligence to call them. The defenders reclaimed. The President was clear, that no person necessary to be called originally in a process could be called by a diligence. And on advising bill and answers, we found without a vote that the tutors and curators could not be called on a diligence. Vide contra, 26th February 1752, Duke of Norfolk and Creditors of York Buildings Company, No. 22, supra.
The electronic version of the text was provided by the Scottish Council of Law Reporting