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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Whyte, Petitioner [1884] ScotLR 21_722 (5 July 1884)
URL: http://www.bailii.org/scot/cases/ScotCS/1884/21SLR0722.html
Cite as: [1884] ScotLR 21_722, [1884] SLR 21_722
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SCOTTISH_SLR_Court_of_Session
Page: 722↓
Court of Session Inner House First Division.
Facts:
Circumstances in which an undischarged bankrupt was admitted to the benefit of the poor's-roll.
This was an application by John Whyte for the benefit of the poor's-roll, to enable him to defend an action at the instance of Margaret Young, formerly a domestic servant in his employment. She sued him for damages for seduction, and also for aliment for a child of which she alleged he was the father. She had already been found entitled to the benefit of the poor's-roll.
The applicant was formerly minister of the parish of South Queensferry, from which charge he had been deposed. His estates had been sequestrated, and he had no means of subsistence, except what the trustee and his creditors allowed him. Intimation of “the dependence of the action was made to the trustee, but he refused to sist himself.
The pursuer objected to a remit being made, on the ground that there was no precedent for the admission of an undischarged bankrupt to the poor's-roll.
The Court remitted to the reporters on the probabilis causa litigandi.
Thereafter on 19th July, the reporters having reported that there was a probabilis causa, the Court admitted the applicant to benefit of the poor's-roll.
Counsel for Petitioner— Armour. Agent— N. J. Finlay, W.S.
Counsel for Objector— Gardner. Agent— A. Adam, W.S.