Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. VII.

Citation in Process against a Woman vestita viro.

Caldwell
v.
Caldwell

Date: 18 July 1622
Case No. No 29.

A woman, while married, made a person be ejected. Being pursued for this in her widow-hood, process was sustained against her, without citing the heirs or executors of her deceased husband. Noxa caput sequitur.

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In an action of ejection pursued by Caldwell, which was libelled to have been committed by Caldwell defender, being a woman, and whom the defender alleged to have been clad with a husband at that time, when the pursuer, by his summons, affirms that she committed the ejection, which was now pursued against her after the decease of her husband; and therefore alleged, That no process ought to be granted against her, while the heirs or executors, or some person to represent her umquhile husband were called in that process; seeing if the action had been pursued against the defender while her husband lived, he behoved to have been called; sicklike now being pursued against her after his death, some to represent him ought to be called. The Lords repelled the allegeance, and sustained the process against the woman who was libelled to have committed the fact; and found no necessity to summon the heirs or executors of the defunct's husband, seeing the fact was only pursued against the woman's self, as committer, et noxa caput sequitur.

Act. ——. For the Defender, Miller. Clerk, ——. Fol. Dic. v. 1. p. 134. Durie, p. 30.