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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John and James Marshall v J. Ferrier. [1747] 1 Elchies 385 (1 July 1747)
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Cite as: [1747] 1 Elchies 385
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[1747] 1 Elchies 385
Subject_1 PUBLIC OFFICER.
John and James Marshall
v.
J Ferrier.
1747 ,July 1 .
Case No.No. 15.
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Marshalls being sued by Nimmo for encroaching on his grass and theftuously putting their cattle into his inclosures, and concluding damages, fine, and punishment, Marshalls agreed by arbitration with Nimmo and paid him L.3 sterling. But then Ferrier the Bailie-substitute wanted to be satisfied, and said that if the libel were proved ten guineas would be too little. At last they agreed at seven guineas, whereof he gave back half a guinea. Marshalls complained summarily to us. We sustained the complaint, and on advising we found him guilty of extortion in his office, found him liable in damages, and declared him incapable of being a Judge.
The electronic version of the text was provided by the Scottish Council of Law Reporting