Scottish Court of Session Decisions

Subject_1 JURISDICTION.

The Duke of Athol, Bisset, and Edwards,
v.
Murray

Date: 16 January 1751
Case No. No. 53.

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The Duke of Athol, Bisset, and Edwards, having pursued reduction of a bail-bond taken by him from Bisset and Edwards for his servant Murray, whom he was to employ under him to collect customs at Alloa, for L.1000 sterling in the King's name, and likewise reduction of accounts stated betwixt Grosset and Murray, making Murray debtor in L.1100 sterling, on the head of fraud and circumvention, both in eliciting these bonds from the pursuers, and in fitting the accounts with Murray, and concluding for repetition of L.500 sterling, paid by the Duke of Athol to Grosset as Bisset's half of that bond; the Lords thought, that the Exchequer alone was the proper Court for such a process, especially so long as any part of the money was due to the Crown, though if it had been fraudulently elicited by a third party not debtor in the bond, such fraud might have been tried in this Court to the effect of giving damages; but as against the granters of the bond, we thought it behoved to produce a collision of jurisdictions, there having already issued extents on that bond, a plea entered of conditions performed and issue joined. Our interlocutor finds, that we have no jurisdiction to proceed, while the suit against Edwards depends in Exchequer. (See Dict. No. 78. p. 7341.)