BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - - v - - [1736] 5 Brn 161 (15 January 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Brn050161-0155.html

[New search] [Contents list] [Printable PDF version] [Help]

[1736] 5 Brn 161      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER HOME, CLERK OF SESSION.

- -
v.
- -

Date: 15 January 1736

Click here to view a pdf copy of this documet : PDF Copy

Of this date, I find it marked in the day-book of interlocutors, that Lord Kilkerran reported the following objection to a bill, to wit, that it was addressed to two persons, the one as principal, the other as cautioner. The cautioner was charged, and made the objection.

The Lords found a cautionary obligation could not be constituted by a writing in form of a bill; and therefore found the bill null as to the cautioner.

N.B. Both had accepted simply.

No. 7. page 20.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010