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In an action betwixt Dickson and Achanay, the Lords astricted the charger to produce the decreet whereupon the charge was executed, and found, that the precept directed by the inferior Judge, giver of the decreet, against the suspender, satisfied not the production in the suspension, albeit the sum therein contained was but fifty pounds, or thereby; and albeit there was no reason libelled against the decreet, but only that the suspender alleged, that if the decreet were produced, he would propone, and eke out reasons of nullity against the same, which is not in use to be done; for, in matters of little sums, the Lords found no necessity to produce more than the precept; but the Lords declared, that if, after production of the decreet, the letters should be found orderly proceeded, they would decern greater expenses against the suspender.
Act. Belshes.Alt. ——Clerk, Scot.
Fol. Dic. v. 2. p. 181. Durie, p. 297.
