Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES FERGUSON OF KILKERRAN.

Fitzgerald and Egan
v.
Thomas Bontein

Date: 20 February 1752

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This case is reported by Elchies, (Forum Competens, No. 4.) Lord Kilkerrn's note of it is as follows:—

“The bill of suspension was properly refused, as being a suspension of a decreet absolvitor, as found in the case of the Earl of Morton contra the Danish Asiatic Company. But so far as that decreet of the Admiral was condemnator, suspension is yet competent; that is, so far as it decerns for L.5 of expense, which had not been determined in the case formerly before the Lords by the former bill of suspension. It was at the same time observed, that the Judge Admiral was wrong in not sustaining process, as all that the decree of the Privy Council did was to remove the bar that stood in the way of his action of damages, that originally lay in any Court where the person might be found.

The Lords passed the bill, as to the L.5 of expenses decerned in the decreet.”