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The Minister, Heritors, and Kirk Session, of Dalry</name><br> </party> <versus/><i>v.</i><br> <party id="2"><name>John Newal and Others. [1791] Mor 14557 (17 November 1791)
URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor3314557-006.html Cite as:
[1791] Mor 14557
Whether a Society can sue without being incorporated?
The Minister, Heritors, and Kirk Session, of Dalry v. John Newal and Others
Date: 17 November 1791 Case No. No 6.
The heritors and kirk-session of a parish, in respect to a charitable fund under their administration, entitled to sue and defend as a corporate body.
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About the middle of the last century, a large sum of money was bequeathed for the purpose of erecting a free grammar-school in the parish of Dairy. There was a nomination of trustees for managing the fund; but as none of them had ever acted, the administration was assumed by the heritors and kirk-session.
Mr. Newal having borrowed a part of the money, for which he granted his bond to them, they obtained a decree of constitution, and deduced an adjudication against his estate.
It was afterwards objected to the validity of the adjudication, that these processes were incompetent, having been carried on at the instance of the heritors and kirk-session as a public body, whereas, not being incorporated, they ought to have sued individually. But
The opinion of the Court being, that, from the nature of the case, the heritors and kirk-session were necessarily to be considered as a body corporate,
The Lords repelled the objection.
Reporter, Lord Droghorm.Act. W. Rebortson.Alt. D. Cathcart.Clerk. Menzies.
Fol. Dic. v. 4. p. 283. Fac. Coll. No. 190. p. 396.
