Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Patrick Chambers
v.
Hugh Lumsden
1649 .December 1 and4 .Click here to view a pdf copy of this documet : PDF Copy
The reason of suspension by Patrick Chambers against Hugh Lumsden, who, by the commissary of St Andrews his precept of arrestment, the said Hugh being commissary-clerk himself, had obtained decreet to make the arrested goods forthcoming, the commissary having subscribed it for his clerk; the said reason, I say, founded upon sundry nullities; but specially, that there was no probation of the debt against the principal debtor, nor warrant of instruction mentioned in this decreet charged upon;—the same was, by the Lords, found relevant, and both commissary and clerk found to have done wrong.
Page 76.
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