Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Thomas Somervell, Tailor
v.
His Debtors

Date: 21 July 1670

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In this process, Stainbyres among others being convened for payment of a count contracted by him in his father's lifetime, at which time he was but a minor, and the same being referred to his oath; Alleged, 1mo, he was minor, and so could not depone. Answered, That it is not relevant unless he say he is a pupil within the years of tutory. 2do, That this count being for things furnished to him when he was but an infant, he was noway capable to depone thereon.

This was found relevant.

Act. Falconer. Alt. Lockhart. Advocates' MS. No. 86, folio 83.