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Ritchie was employed as a servant in the Dundee Lunatic Asylum, and was dismissed from his service for impropriety of conduct. He then presented a summary petition to the Sheriff of Forfarshire against the respondent Radley, the superintendent, and against five other gentlemen forming the committee of management of the institution, praying that they should be ordained to pay him L.9 sterling, as the half year's wages due to the petitioner from Whitsunday to Martinmas of the current term, and 12s. per week of board wages.
The respondents gave in a preliminary defence against the competency of making the demand in this summary manner, and pleaded, that the claim, if well founded, ought to form the subject of an ordinary action. The Sheriff sustained this preliminary defence; but the Lord Ordinary, in an advocation, pronounced the following interlocutor: ‘Remits to the Sheriff to recall the interlocutor complained of, and repel the preliminary defence,’ &c.
The respondents reclaimed, and the Court altered the interlocutor, and remitted the cause simpliciter.
The Judges were unanimously of opinion, that the claim of a dismissed servant for wages and board wages was an ordinary debt, and not entitled to summary dispatch.
Lord Ordinary, Mackenzie. Act. Maidment. Alt. Jameson. John Brown & D. Fisher, Agents. R. Clerk.
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