Diligence without Decree. - Diligence before the term of Payment. - Diligence in name of an Assignee or Defunct.
Russel v. Scot
Date: 28 February 1751 Case No. No 20.
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Where a bond is suspended, and the letters found orderly proceeded, no diligence can thereafter proceed upon the bond itself, but only upon the decree.
And accordingly, upon the complaint of Francis Russel, surgeon in Edinburgh, that Mr Scot of Scotstarvit had, without extracting his decree finding the letters orderly proceeded, charged upon the bond, the Lords “Found the charge irregular, and recalled the horning and caption.”
Fol. Dic. v. 3. p. 380. Kilkerran, (Legal Diligence.) No 2. p. 332.
