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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Law v Mary Smith and Ferreis. [1678] 2 Brn 237 (6 December 1678)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: John Law
v.
Mary Smith and Ferreis
6 December 1678 Click here to view a pdf copy of this documet : PDF Copy
John Law having charged, upon a decreet of the bailies, against Mary Smith his taverner, and Ferreis, her cautioner; the cautioner suspends, on this reason, That, by the taverner's count-book, written with the charger's hand, there are several sums not allowed to her in this decreet: and that, at her removing, she left a quantity of wine, which was gauged by two gaugers, and yet it was referred to the charger's oath, the quantity and value of the wine; which was probable by gaugers.
The charger answered, That he opponed this decreet in foro, wherein there is compearance both for the taverner and cautioner, who was not only cited at first, but thereafter cited personally, to hear sentence.
It was replied, That the decreet mentions no warrant for the procurator, nor any writ produced for him that might infer warrant.
The Lords admitted the allegeance for the cautioner, unless it were instructed, by his oath, that he gave the procurator warrant to compear for him.
Vol. II, Page 654.
The electronic version of the text was provided by the Scottish Council of Law Reporting