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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andersons Trustees v Skinner [1871] ScotLR 8_325_2 (25 January 1871)
URL: http://www.bailii.org/scot/cases/ScotCS/1871/08SLR0325_2.html
Cite as: [1871] SLR 8_325_2, [1871] ScotLR 8_325_2
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Wednesday, January 25.
FIRST DIVISION.
THE TRUSTEES OF MRS DUNCAN OR ANDERSON V. MRS ANDERSON OR SKINNER.
Process —Curator ad litem—Curator bonis—Insane. Held that where a party to an action has become insane during the dependence of the cause, the appropriate procedure to follow is to apply for a curator bonis in common form, and not for a curator ad litem merely, by incidental application.
Before the reclaiming note in this case came on for discussion, a motion was made by the counsel for the respondent, for the appointment of a curator ad litem to his client Mrs Anderson or Skinner, who, it was stated, had become insane during the dependence of the action.
Balfour for the reclaimers.
Rhind for the respondent.
At advising—
Lord President—The difficulty which occurred to us when this motion was made on a previous occasion, I think in November last, has certainly not since been removed. The question is, whether, where a woman, who is litigating a cause, has, during the dependency, become insane, it is competent for us to appoint a curator ad litem to her? The application is, I think, unprecedented; at any rate no appointment has been made where the question of competency has been properly raised. Without saying that in all circumstances it would be incompetent, I think this is not a case in which to introduce such a novelty. Tire appropriate course to take here I consider to be for the parties to apply for the appointment of a curator bonis in common form. That is not a proceeding about the competency of which there is any doubt. While the appointment of a curator ad litem to a party under these circumstances, and on a mere incidental motion, is a matter about the competency of which there is a very great deal of doubt indeed.
The other Judges concurred. '
Tiie Court accordingly continued the case, to give time for a proper application to be made for the appointment of a curator bonis on the application of the proper parties.
Agents for Reclaimers—Hill, Reid & Drummond, W.S.
Agent for Respondent—William Officer, S.S.C.