Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.

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Date: 20 November 1767

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The question here was, Whether letters of inhibition could be granted upon a bond executed in the English manner ? And it was determined unanimously, after some reasoning, that they could not be granted, because the diligence and forms of execution must be regulated by the law of the country where execution is sued for, not by the lex loci where the writ is executed; therefore an English bond, though probative in Scotland, or a ground of action, cannot be the foundation of diligence unless the authority of the Judge be interposed, either by decreet or by depending action. And it appeared from the report of the clerks, that this doctrine is carried so far in practice that, even upon a promissory-note holograph, letters of inhibition are not granted, because it is not certain, ex facie of the writ, that it is obligatory by the law of Scotland.