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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Leay, Petitioner. [1774] 5 Brn 375 (10 Augest 1774)
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Cite as: [1774] 5 Brn 375

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[1774] 5 Brn 375      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.

M'Leay, Petitioner

Date: 10 Augest 1774

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Formerly, it was thought that advocation was incompetent after sentence, though before extract: but now it is fixed, See Erskine, 683, that advocation is competent after sentence, if before extract. But, in an advocation of a decree of a Baron Court, this rule cannot apply. In these cases, there can be no extract; a Baron Court is not a Court of record; See Bank., B. 4, tit. 16, § 2. Therefore, as to a Baron decreet, advocation is competent, until execution; for, as to execution, advocation is no remedy: the only remedy there, is by suspension. So argued, Petitioner, M'Leay, 10th August 1774.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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