Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Agnes Wilkie v. Morrison;
Sir Andrew Dick v. -
1678.
June19.
1678.
June20.
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Where arrestments upon dependencies were loosed, upon finding insufficient caution, if a bill had been given in by the party wronged, showing the irresponsality of the caution found, the Lords were wont always, in six or seven several cases, since the King's restoration occurring, to annul the letters loosing the arrestment, aye till more sufficient caution were found. Yet, on the 19th of June 1678, between Agnes Wilkie and Morrison, and on the 20th of June I678, in a case of Sir Andrew Dick's, the Lords declined to meddle, pretending they would not annul the King's signet letters; but the party grieved had his action in subsidium against the clerk to the bills, if the caution was insufficient. And the President affirmed all the other instances were wrong decided: yet they seem very favourable, if not just.
