Scottish Court of Session Decisions

Subject_1 FORUM COMPETENS.
Subject_2 DIVISION IV.

Forum competens ratione rei sitæ et contractus.

Douglas
v.
Cunninghame

Date: 1 February 1642
Case No. No 29.

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James Douglas of Chester pursuing Sir David Cunninghame and George Muirhead, for payment of a sum of money, conform to an English bond, and they alleging, that they could not be convened in this kingdom to answer before any Scots Judge, because they dwelt presently in England, where they have dwelt these twenty-four years continually animo remanendi, and therefore ought only to be convened there, seeing actor sequitur forum rei, and that the subject is for a bargain made in England, and for English business; the Lords repelled the allegeance, seeing the bond was made betwixt Scotsmen, and to have execution for Scots goods lying in Scotland.

Act. ——. Alt. Johnston. Clerk, Gibson. Fol. Dic. v. 1. p. 327. Durie, p. 889.