Subject_1 ARRESTMENT. Subject_2 Warrant of Arrestment.
Alexander Forbes of Ballogie, v. James Catanach, Merchant in Aberdeen
Date: 21 January 1710 Case No. No 6.
A Sheriff cannot interpose his authority to the decree of magistrates of a town, so as to found arrestment.
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In a competition of the creditors of Alexander Forbes of Craigie, James Catanach having, upon a decreet of the magistrates of Aberdeen against Craigie, obtained a summar precept from the Sheriff, for arresting in the hands of Craigie's debtors within the shire, and accordingly arrested:——The Lords found the arrestment null; in respect it was unwarrantable in the Sheriff to interpose his authority summarily to the baillie's decreet, by giving a precept of arrestment thereon, without citing the party decerned.
