An action is competent in the Court of Session, for a sum above 200 merks, though below L. 12 Sterling.
Click here to view a pdf copy of this documet : PDF Copy
John Paterson brought an action in the Court of Session against James Reid, for payment of the balance of an account, amounting to L. 11: 8: 3.
The defender contended, That the action was incompetent in the Court of Session, because the sum concluded for was below L. 12 Sterling.
The Lord Ordinary sustained the action; and a petition was refused without answers, on the ground that the act 20th Geo. II. c. 43. § 38. prohibiting advocations for sums below L. 12 Sterling, refers to the act 1663, c. 9. against advocations for sums below 200 merks, but makes no alteration upon the act 1672, c. 16. § 16. prohibiting summonses in the first instance for sums below that amount.
Lord Ordinary, Balmute.For the Petitioner, Turnball.Clerk, Monsies.
Fac. Coll. No. 209. p. 479.
