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Scottish Court of Session Decisions >>
Thomson v Ker. [1747] Mor 8910 (27 January 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor2108910-011.html Cite as:
[1747] Mor 8910
Whether liable to Penalties. - Whether liable to be imprisoned for Debt. - Whether capable of being a Messenger. - Whether he may be convened as a haver of Writs. - Whether Decree may pass against him. - Whether bound to depone on the verity of his Debt. - Power of the Court to prevent undue influence in chusing Curators.
Thomson v. Ker
Date: 27 January 1747 Case No. No 11.
A minor may be imprisoned on a decree for debt.
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Edward Ker having obtained a decree against Katharine Thomson while pupil et indefensa, soon after her pupillarity he charged her thereon; and, on a caption, imprisoned her in the tolbooth of Edinburgh.
In the suspension and reduction of this decree, and action of damages therewith conjoined, the question only turned upon the formality of the decree and regularity of the extract; but supposing the decree regular, it was no part of the complaint, nor thought illegal that the imprisonment was of a minor. Nay, it would rather appear from the act 41st, Sess. 6th, Parl. 1st, of King William, that before that act, even minors under pupillarity might have been imprisoned for a civil cause.
Fol. Dic. v. 4. p. 3. Kilkerran, (Minor.) No 6. p. 348.
