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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Petition - H. H. Drummond [1866] ScotLR 1_215 (13 March 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0215.html Cite as: [1866] ScotLR 1_215, [1866] SLR 1_215 |
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Page: 215↓
Question whether a petition for the recal of an appointment of a curator bonis made by the Inner House should be presented to the Junior Lord Ordinary, or to the Inner House.
This was an application by Mr Home Drummond, in which he stated that he desired to be relieved of an office of curator bonis, to which he had been
Page: 216↓
appointed by the Court in the year 1832. He therefore prayed for the recall of his appointment, and the appointment of a successor. The petition had been presented to the junior Lord Ordinary, who ordered intimation and service. The petition was in his Lordship's roll to-day, and he reported it in respect of a doubt as to whether, under section 4 of the Distribution of Business Act, 20 and 21 Vict. c. 56, the application being “incidental to an action or cause actually depending,” had been competently presented to him. The petitioner referred to the case of Kyle, 10th June 1862 ( 24 D. 1083). The Court, having expressed opinions to the effect that the competency of applying to the Lord Ordinary, in the circumstances, was, at least, doubtful, and that it would not be prudent to run the risk of having the proceeding declared hereafter invalid, the petition was abandoned, and a new one presented to the Inner House.
Counsel for Petitioner— Mr Dundas and Mr Shand. Agents— Messrs Dundas & Wilson, C.S.
