[1743] Mor 2071
Subject_1 CAUTION IN TRESPASS.
Date: St Mary's Chapel
v.
Kelly
4 February 1743
Case No.No 1.
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John Kelly, wright in Portsburgh, having wrought and put up some sash windows in a house in Edinburgh, the Incorporation of Mary's Chapel raised a process against him before the Sheriff, concluding for payment of a large fine, and likewise that he should find caution not to trespass in time coming. In an advocation of the cause, the Lords remitted to the Sheriff with instructions, That the defender should not be obliged to find such caution. See No 64. p. 1931.
See Dickson against Dickson, 7th December 1780. Fac. Col. No 5. p. 10. B. voce Fiar.
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