(Inner House First Division) A foreigner against whom an action of damages, proceeding on arrestments ad fundandam jurisdictionem, had been raised died in the course of the procedure, after a reclaiming-note had been presented. The pursuer requested his representatives to sist themselves as parties to the action, and on their failing to do so used further arrestments, and lodged a note craving the Court to transfer the cause against them, but to the extent only of enabling the pursuers to obtain decree cognitionis causa tantum. The pursuers failed to call certain of the representatives, whose addresses were unknown both to the pursuers and to the remaining representatives. Objection was taken to the transference by the defender’s representatives on the ground of the failure to call the whole class, and also in respect that there was no authority for transforming an action originally instituted against a living person into one of constitution against his representatives. The Court repelled the objections and transferred the cause as craved.
References: [1900] SLR 37 – 446
Links: Bailii
Jurisdiction: Scotland
Last Update: 23 September 2020; Ref: scu.611706