[1678] Mor 17065
Subject_1 WRONGOUS IMPRISONMENT.
Date: John Dureie
v.
David Cairns
17 July 1678
Case No.No. 1.
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One is charged and imprisoned on a fulfilled minute by the assignee. He pursues the cedent for wrongous imprisonment, and for his damage. Alleged he should have suspended the charge. The Lords refused action since he had not used the remedy; which many of the Lords thought hard; for a poinding on a wronguous charge is a spuilzie, though the charge is not suspended, ergo.
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