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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomson v Straiton. [1752] 1 Elchies 232 (19 December 1752)
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Cite as: [1752] 1 Elchies 232
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[1752] 1 Elchies 232
Subject_1 JURISDICTION.
Thomson
v.
Straiton
1752 ,Dec. 19 .
Case No.No. 59.
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Some Excise officers, on a warrant to search, having broken open cellars and seized four hogsheads of white wine, which are not exciseable, but under the Customs, and were condemned in Exchequer for not paying duty, Straiton sued the officers before the Justices of the Peace for damages, and charged certain other irregularities in the seizure.—The cause was advocated, and it was objected that this could only be tried in Exchequer. Answered, that before the act 9th Geo. II. the manner of seizing was part of the issue tried in Exchequer, and then indeed there might be danger of collision of jurisdictions, but since that act, that is no part of the issue there, and therefore triable as any other injury. Drummore found the process competent;—but on a reclaiming bill and answers, we agreed to supersede till we should have a conference with the Barons.
The electronic version of the text was provided by the Scottish Council of Law Reporting