Scottish Court of Session Decisions

In 1823, the pursuers, Robinson and Vernon, raised a summons of constitution against the Misses Jeudevine and Others, as representatives of the deceased Thomas Jeudevine. The action having been allowed to fall asleep, was wakened in 1830, when decree cognitionis causa was obtained against certain of the defenders. The Misses Jeudevine, however, resisted such decree, and condescendence and answers were prepared, but the record was not closed, and the process was again allowed to fall asleep. It was wakened a second time, in May last, when Misses Jeudevine stated an objection to the regularity of the summons, that the date of the year of the King's reign was written on an erasure, and referred to the cases of Taylor v. Malcolm, 5th March, 1829, ¹ and Cooper, 4th July, 1833, ² where objections similar to the present were sustained, and also to that of Campbell v. Fotheringhame, 28th June, 1826, ³ in which an objection to the date of letters of suspension was sustained, to the effect of dismissing the process, though stated after the cause had been fully prepared.

In answer, it was contended, that it was now too late to state an objection of this nature.

The Lord Ordinary found,—“That it is incompetent, at this stage of the cause, for the defenders to state any objection to the regularity of the summons.”

Misses Jeudevine reclaimed.