[1752] 1 Elchies 442
Subject_1 SUSPENSION.
Russels
v.
Clerks
1752 ,July 4 .
Case No.No. 7.
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The Clerks having suspended a decreet of the Sheriff of Stirling decerning in a small assythment and expenses for a riot committed on the Russels; Minto, Ordinary, thinking the sum too little, turned the decreet to a libel, and decerned in a larger sum. The Clerks reclaimed, 1st, in point of form, that our decreet in the suspension could not exceed the sum in the decreet suspended; 2dly, that the riot was not proven. Our difficulty was on the first point;—but the President was clear;—and we agreed to refuse the bill.
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