[1749] Mor 15148
Subject_1 SUSPENSION.
Subject_2 SECT. I. Effect of Suspension.
Date: Miller
v.
Wilson
19 February 1749
Case No.No. 21.
Arrestment is lawful after suspension.
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Wilson having obtained decree against Miller, of which Miller obtained suspension, in which caution, as usual, had been found, Wilson arrested Miller's effects wherever he could find them; which the suspender having laid before the Lords by a summary complaint, as a contempt of authority,
The Lords “found no ground for the complaint, and refused the desire thereof.”
No law hinders one to arrest or inhibit notwithstanding a passed suspension. The effect of a suspension passed, is only to turn the decree to a depending process, on which arrestment and inhibition may proceed.
*** See a similar case, 22d February, 1750, Henderson against Smith, No. 17. p. 6563. voce Implied Obligation.
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