Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bailie William Menzies v. Clerk of Trollas
Date: 8 February 1794
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Alleged,—The co-tutors behoved also to be called, who might have defences unknown to him. The Lords found, in so far as he was convened as tutor, and proved there were more conjoined in the office with him, they ought all to be cited cum processu; but, if he insisted against him qua pro-tutor, that was a passive title that gave no benefit nor privilege, and therefore he must answer instanter.
