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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Westcomb v Dodds. [1745] 1 Elchies 139 (11 June 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies010139-004.html Cite as: [1745] 1 Elchies 139 |
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[1745] 1 Elchies 139
Subject_1 FOREIGNER.
Westcomb
v.
Dodds
1745 ,June 11 .
Case No.No. 4.
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Dodds pursued adherence and aliment against Westcomb who once had an office in Exchequer, but which he resigned several years ago; and as he was originally an Englishman, so now he resides there; but the pursuer alleged she was married to him while he resided here, but after he gave up his office, though she says she did not know it. He compeared by his procurator in the Commissary Court, and declined the Court, as being not subject to that jurisdiction. They repelled the declinator, and the question was brought before us by advocation. Tinwald thought this being locus contractus it founded the jurisdiction, especially being a quæstio status. Arniston was of the same opinion, because of its being a quæstio status. The Lords sustained the jurisdiction by a great majority, renit. President, and Minto, Ordinary.
The electronic version of the text was provided by the Scottish Council of Law Reporting