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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Hamilton, Cut, and Ewing v Alexander Thomson, Saddler. [1682] 2 Brn 19 (10 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn020019-0049.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: James Hamilton, Cut, and Ewing
v.
Alexander Thomson, Saddler
10 February 1682 Click here to view a pdf copy of this documet : PDF Copy
A cautioner, obliged to sist a debtor to all the diets of process, who compeared at some diets, but not at the pronouncing of decreet, being decerned against, suspended upon this reason, That the design of the caution, judicio sisti, was, that there might be copia personæ debitoris, to give obedience to the sentence; and the suspender instructed, by an instrument, that, within the days of the charge of the horning, he produced the debtor in court before the bailie, and protested to be free of his cautionary. The Lords suspended the letters simpliciter.
Page 56, No. 236.
The electronic version of the text was provided by the Scottish Council of Law Reporting