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Scottish Court of Session Decisions >>
Sir Alexander Murray of Stanhope v York Buildings Company. [1733] Mor 3780 (00 January 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor0903780-134.html Cite as:
[1733] Mor 3780
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IX.
Denunciation upon a Horning. - Execution against a Body-corporate.
Sir Alexander Murray of Stanhope v. York Buildings Company
1733.
January. Case No. No 134.
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In a process against the York Buildings Company, this objection was proponed, That both summons and execution were void, being against no person whatever, by name or designation, but in these general-terms, “the Governor and Company.”—Answered, The defenders are a body corporate, named in their charter in the terms they are summoned, and authorised to sue and defend in that character, and are thus designed in the contract libelled.—This was pleaded to difference the case from that of a burgh royal, in whose contracts the Provost, Bailies, &c. are expressed by name, and so ought to be cited by name.——The Lords repelled the objection, and sustained process. See Appendix.
