Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 FOREIGNER.

Coutts and Company
v.
Callin

Date: 10 March 1769

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During the dependance of a cause and cross-cause, Coutts and Company against John Callin, in the Chancery of the Isle of Man; Callin came occasionally to Scotland, December 1767, whereupon Messrs Coutts applied to the Judge of the High Court of Admiralty, and obtained a warrant against him judicio sisti, which was executed against him at Ayr, on the 31st of that month, and thereupon he was imprisoned. Afterwards, Coutts and Company brought an action against Callin and Cautioner for payment of their debt. It was pleaded in defence, That the warrant was unnecessary, irregular, and illegal; that there was no foundation for a jurisdiction over him ratione originis, vel contractus, vel domicilii, or by arrestment of his effects ; and that therefore the action fell to be dismissed. But the Lord Pitfour, Ordinary, found otherwise ; and, on bill and answers, the Lords adhered.