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Scottish Court of Session Decisions >>
Lawson v The Magistrates of Edinburgh. [1581] Mor 4811 (28 February 1581)
URL: http://www.bailii.org/scot/cases/ScotCS/1581/Mor1204811-020.html Cite as:
[1581] Mor 4811
Subject_1 FORUM COMPETENS. Subject_2 DIVISION. IV.
Forum competens ratione rei sitæ et contractus.
Lawson v. The Magistrates of Edinburgh
Date: 28 February 1581 Case No. No 20.
Tho' a town be exempt from the Sheriff's jurisdiction, the Magistrates may be pursued before the Sheriff, when the subject in dispute is within his jurisdiction.
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The Laird of Heiriggs callit Lawson, having obtained ane decreet before the Sheriff of Lothian, against the Provost, Bailies, and Town of Edinburgh, for the wrongous troubling him in the possession of the lands and heritages, desyrit letters conform to the said decreet. It was objectit be the Provost and Bailies, That he aught to have no letters conform, because “fuit decretum non a suo judice latum et nullam merebatur executionem;” because the Sheriff of Lothian could not be Judge competent to the Provost and Bailies of the town of Edinburgh; but if any wrang had been done be them, they should have been convened before their ain Judge-ordinar, “ quia actor tenetur sequi forum rei.” To this was answerit, That the decreet standing, they could not make this allegeance, “et de jure licet actor tenetur sequi forum rei, tamen ratione rei de qua agebatur, sortitur quis forum alibi, prout C. extra, de foro competenti;” and so the lands lying within the sheriffdom of Lothian, the said Sheriffs and their deputes were Judges competent to the giving of the said decreet; and this declinator also aught to have been alleged before the giving of the said decreet. The Lords repellit the allegeance, and decernit letters conform to the said decreet.
