Wrongous Imprisonment. - Deforcement. - Oppression and Damages.
Lesly v. Pringle
Date: 18 November 1761 Case No. No 40.
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David and James Lesly accepted a bill for L. 39 to Pringle; and the latter obtained decreet for the debt, on which he raised horning and caption. A A payment was thereupon made of L. 24 to account; but notwithstanding thereof Pringle put his caption in execution, and James Lesly was imprisoned and booked for the whole debt, without any deduction for the payment. Being liberated on the act of grace, he pursued Pringle in an action of oppression and damages. Urged in defence, The pursuer had suffered no injury in being booked for the whole debt, except being obliged to pay a few shillings for liberation money. The Lords found the defender had acted irregularly, and therefore found him liable in damages, which they modified to L. 15 Sterling.
