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 CESSIO BONORUM.

Jean Thomson
v.
Andrew Calendar

1756. February.

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In this case, Calendar defended himself before the Sheriff of Edinburgh, against an action brought by Thomson on a decreet of cessio, in which her author had been called. The Sheriff pronounced this interlocutor, 24th March 1773:— “In respect of the decreet of cessio, which is of a date posterior to the bill libelled on, and that the drawer of the bill was summoned to the action on which it proceeded, and also, that it is not alleged that the defender's circumstances are meliorated; sustains the defences, assoilyies the defender, but finds no expenses due.”

Pleaded in an advocation, That this was a mistake in fact, the pursuer's averment being, that Calendar's circumstances were greatly meliorated. Lord Stonefield however refused the bill; but, in a reclaiming petition, the Lords were of opinion that the cause should be remitted to the Sheriff, with an instruction to inquire into Calendar's circumstances, and then to do as he should see just. But, in the first place, They remitted it to Lord Stonefield simpliciter, leaving him to make the remit to the Sheriff in the above terms.

In the case above-mentioned, 11th July 1778, Donaldson against Reid, Lord Kennet's interlocutor was,—Suspends the letters quoad personal diligence against the suspender; but, in other respects, finds the letters orderly proceeded. This interlocutor, on the report, the Lords adopted.