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Archibald Robertson, Merchant in Edinburgh, v Messrs Gibson and Hall, two of the Principal Clerks of Session. [1725] Mor 13963 (27 July 1725)
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[1725] Mor 13963
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[1725] Mor 13963
Subject_1 REPARATION. Subject_2 SECT. VIII.
Negligence in Office.
Archibald Robertson, Merchant in Edinburgh, v. Messrs Gibson and Hall, two of the Principal Clerks of Session
Date: 27 July 1725 Case No. No 48.
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Upon occasion of a complaint's being exhibited to the Lords by Mr Robertson, setting forth, That he had given in a bond, which had been assigned to him, to be registered in the Clerk's Office, and that he could not, for the space of some months, obtain an extract of it, though it had been often required; and that arrestment having been used in the debtor's hand within that time, he was in hazard of losing his money; concluding, That the Clerks, on account of this malversation, should be liable for the sum in the bond;
It was found, That the Clerks were obliged to give out extracts of bonds or other writs, 24 hours after they were given in to be registered; but if the presenter of the bond, or other writ, should intimate to the Clerks that there was Periculum in mora, in that case, the same ought to be given out without delay.
The Lords, upon another application, found the Clerks liable in expenses to the complainer.
Reporter, Lord Cowper.For the Complainer, And. Macdowal.Alt. Ja. Fergusson.Clerk, Justice.
Fol. Dic. v. 4. p. 232. Edgar, p. 202.
