Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
John Somervell v. Thomas Beg
1673.
November.
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John Somervell, wright and poultryman in Edinburgh, having charged one Thomas Beg, upon a decreet of removing, obtained before the bailies of Edinburgh, Beg presents a bill of suspension to the Lord Preston, then Ordinary on the Bills, where it depends eight or ten days without an answer; which Somervell judging equivalent to a refusal, and imagining no legal stop, incarcerates Beg, on an act of warding, in the tolbooth of Edinburgh; who, upon a petition to the Lords, and Preston's assertion that he had verbally stopped execution till some things were cleared, Beg was ordained to be set at liberty, and Somervell sent to supply his room, for contemning the Lord's authority, the depending bill not being rejected. Vide præcedentem practicam. Vide infra, No. 499, Laird of Pittarrow and——, [October, 1676.] Vide 7th November, 1678, James Johnston.
