Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

Paterson
v.
Inglis

1735, Feb. 6.
Case No. No. 1.

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The Lords found the action against Charles Inglis, clerk of the bills, not competent by way of summary complaint, but by way of ordinary action.

(The case of Montgomery, alias M'Viccar, against Inglis, 8th, 18th June I748, here referred to, is mentioned as follows.:)

Clerk of the bills cannot be convened by summary complaint, to be subsidiarie liable for the debt, for having received two tenants as cautioners for one another, bound conjunctly and severally in the tack for the rents charged for. But some of the Judges thought that he might even by summary complaint have been found liable in damages.

A suspension by two tenants having been discussed, this complaint was entered against Charles Inglis, clerk of the bills, for receiving them cautioners for one another, though both of them before liable. It prayed to find him liable as cautioner for them for the whole prestations of the tack decerned against them. We found the complaint with these conclusions not competent summarily in this form; though Amiston and others thought that a summary complaint for damages might have been competent, but not for these conclusions.