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Cite as: [1760] Mor 7674

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[1760] Mor 7674      
Subject_1 JURISDICTION.
Subject_2 DIVISION XV.

Conservator of Campvere.

Hog
 v.
Tenant

Date: 27 June 1760
Case No. No 378.

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It was questioned whether the Court of Session had a jurisdiction in the first instance over natives of Scotland, residing at Campvere. Argued, That the view of our statutes in establishing the jurisdiction of the Conservator was to prevent parties residing abroad from being put to the charge of pursuing or defending actions in Scotland, which would be defeated, if the jurisdiction of the Court of Session was sustained in the first instance. Answered, All natives of Scotland are subject to the forum originis. The Lords sustained the jurisdiction of the Court of Session in the first instance.

 Fol. Dic. v. 3. p. 355. Fac. Col.

*** This case is No 2. p. 4780, voce Forum Competens.

***Conservator's decrees, whether subject to the review of the Court of Session; see Div. 4. h. t.

***See No 7. p. 4433. and No 5. p. 6824.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1760/Mor1807674-378.html