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Aiton of Kinnaldie v Scot. [1711] Mor 16331 (18 January 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor3716331-253.html
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A tutor having submitted his pupil's claim, and the pupil being charged upon the decree-arbitral, the Lords had no occasion to determine the general point, If tutors might submit, because they found the decree-arbitral could not afford a summary charge against his pupil, but only an ordinary action; but they declared, that they would decern the pupil to implement, unless he could instruct evident lesion.
Fountainhall.
*** This case is No. 22. p. 14997. voce Summary diligence.