[1778] 5 Brn 520
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Date: Macdonald
v.
MacIsaac
29 July 1778 Click here to view a pdf copy of this documet : PDF Copy
Alexander Macdonald, writer to the signet, having employed MacIsaac, messenger at Campbelltown, to execute a caption against a gentleman in that neighbourhood, the messenger delayed; and, though he owned receipt of the caption, did not own receipt of Mr Macdonald's letters, ordering him to put it into execution. On a summary complaint, at Mr Macdonald's instance, to have him censured and made liable for the debt, the Lords ordered the complaint to be served, and the messenger to answer against November. Lord Covington and Lord Westhall demurred as to the competency of this complaint, but the other Lords thought it competent. There have been several similar instances, particularly of one Graham, a messenger at Lochmaben, and several others. See Summary Application.
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