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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Welsh v James welsh and Others. [1778] Hailes 788 (14 February 1778)
URL: http://www.bailii.org/scot/cases/ScotCS/1778/Hailes020788-0480.html
Cite as: [1778] Hailes 788
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[1778] Hailes 788
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 TUTOR AND CURATOR.
Subject_3 Curators removed as suspect.
Date: Andrew Welsh
v.
James welsh and Others
14 February 1778 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, VIII. 27; Dictionary, 16,373.]
Covington. Where there is a wrong, there must be a remedy. Perhaps the pursuer may not have a right to apply to have the curators removed; but you may declare him free from his cautionary obligation ever since the date of his protest and requisition.
Braxfield. Seeing the case to be as it is, we cannot leave this minor in so bad hands.
Kaimes. I would relieve the cautioner, ordain the curators to find a new cautioner, and, if they do not, remove them.
On the 14th February 1778, “The Lords found the cautioner relieved, from the date of his requisition, appointed the curators to find a new cautioner in ten days, with certification that, if they failed, they should be removed as suspect.”
Act. G. Ferguson. Reporter, Hailes.
The electronic version of the text was provided by the Scottish Council of Law Reporting