Subject_1 ALIMENT.
Date: Patrick Urquhart
v.
Alexander Will
5 January 1754
Case No.No. 15.
Aliment of one imprisoned for a verbal injury.
Click here to view a pdf copy of this documet : PDF Copy
One Alexander Will was imprisoned in Stirling on a caption for debt, and thereafter arrested at the same creditor's instance, on a caption on the Commissary of Aberdeen's decreet for a verbal injury, decerning a palinode to be performed in the kirk of Frasersburgh; and which decreet being suspended, the letters were found orderly proceeded, and certain expenses given, on which last decreet the caption was raised. Will applied to the Magistrates of Stirling, and obtained aliment modified, which the creditor suspended, and Lord Murkle having refused the bill, he reclaimed to us; and in the answers, Will the prisoner offered to perform the palinode, if set at liberty. We refused the bill as to the civil debt, but found that the act did not take place in the cases of commitments for delicts; but in respect of the prisoner's offer, found that the charger ought either to set him at liberty on his enacting himself under the penalty of L.5 sterling to perform the palinode, or otherways to aliment. (See Dict. No. 129. p. 11810.)
The electronic version of the text was provided by the Scottish Council of Law Reporting