Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION VIII.

Commissary Court.
Subject_3 SECT. III.

Commissaries are limited that they cannot Judge in causes above a certain sum.

Turnbull
v.
Mathison

Date: 12 July 1626
Case No. No 285.

A decree of a Commissary for more than L. 100, was sustained, because it was for a legacy.

Click here to view a pdf copy of this documet : PDF Copy

In a suspension raised by Turnbull against Mathison, of a decreet obtained before the Commissaries of ————, for payment of L. 200, which was quarrelled in that suspension, because it exceeded L. 100, and so not subject to the Commissaries' jurisdiction; the decreet was sustained, because the sum was acclaimed and decerned in his favours, to whom the same was left in legacy; and so the Commissaries might judge thereon. In this same process, the Lords also sustained the decreet given against one of the two executors of the defunct, albeit the other was not called, seeing the executor called, against whom decreet was given, was sole intromitter, at least had intromitted with more than the sum contained in the decreet extended to, and had not made payment to any other, neither was distressed by any other of the defunct's creditors. The like was decided before, as is marked, 23d July 1625, betwixt Mr Peter Hewat and Aitkin, No 71. p. 3878.; but the reason specially respected, and moving the Lords in this decision, was in respect of the decreet standing, which could not be taken away in this suspension so summarily. See Solidum et pro Rata.

Act. Craig. Alt. Stuart. Clerk, Gibson. Fol. Dic. v. 1. p. 506. Durie, p. 212.