Scottish Court of Session Decisions

Subject_1 APPEAL.

Weir
v.
Bailies of Hamilton

1744, Feb. 16.
Case No. No. 4.

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The House of Peers having reversed our decreet, assoilzieing the Bailies of Hamilton from a process at Waggateshaw's instance against them and others, for meal taken from him by the inhabitants of Hamilton in 1740, and found them liable for his damages, and ordained that the Court of Session give directions for carrying that judgment into execution; the pursuers applied for letters of inhibition and arrestment, in time of vacance, and Drummore, Ordinary, refused both, and would not, it seems, consider it either as a decreet or as a depending process; and thereupon the pursuers raised and executed a new libel. libelling their former process and judgments, and upon it got letters of inhibition and arrestment. This libel came before Kilkerran, who refused to proceed on it without a special remit from us, which occasioned a petition to us. We indeed thought both Ordinaries too scrupulous, and remitted to Kilkerran to give execution on the Lords decreet, so as the inhibition and arrestment might be effectual.