Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION VI.

Admiral Court.
Subject_3 SECT. IV.

Dispensation to hold courts during vacation.

William Clark
v.
John Robertson, and Others

Date: 8 August 1783
Case No. No 246.

Action, on a policy of insurance, not competent before the Court of Session, in the first instance.

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An action founded on a policy of insurance, was brought before the Court of Session, in the first instance, by Clark, the insured, against Robertson, and certain other persons, underwriters.

A doubt concerning the competency of the jurisdiction, having occurred, both parties declared their readiness to prorogate it; and referred to the case of Ritchie contra Wilson and Company, determined July 5. 1780, No 244. p. 7527.

The Lord Ordinary reported the point to the Court; and, in consequence of the opinion delivered by their Lordships,

“Found, that the case was maritime, and therefore that it could not, in the first instance, proceed before this Court; and therefore dismissed the action.”

Lord Ordinary, Kennet. Act. Morthland. Alt. Solicitor-General, Campbell. Fol. Dic. v. 3. p. 352. Fac. Col. No 119. p. 187.