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Pleaded, inter alia, in defence—The action was incompetent against the defenders, who were convened as preses and treasurer of an unincorporated body; and that they were not liable to sustain action for the parties for whom they were alleged to act.
The Lord Ordinary, before answer on this dilatory defence, appointed the defenders to lodge a list of the members of the committee whom they alleged ought to be called; and a list being lodged, the pursuer offered to call these members by a supplementary summons. But the defenders still maintaining the total incompetency of the existing action, the Lord Ordinary reported the point to the Court.
The Court, however, held the action to be radically defective; that it could not be cured by a supplementary summons; and directed his Lordship to dismiss the action as laid.
Lord Ordinary, Jeffrey. Act. Hector. Alt. J. Anderson. William Muir, S.S.C. and Wotherspoon and Mack, S. S.C., Agents.
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