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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gillespie v M'Dougal. [1776] 5 Brn 456 (13 December 1776)
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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 FORM OF PROCESS.
Date: Gillespie
v.
M'Dougal
13 December 1776 Click here to view a pdf copy of this documet : PDF Copy
Gillespie complained that a suspension at his instance, after advising answers, replies, and duplies, had been past upon caution; but he having failed to find caution within 14 days, as fixed by Act of Sederunt,—the charger, without obtaining a certificate from the clerk to the bills, that no caution had been found, which was indisputable law as well as practice, had proceeded to diligence. The Lords were of opinion, that, though these certificates are often demanded ob majorem cautelam, yet they are not necessary. If the charger think proper to proceed to diligence, he may do so, cum periculo. Gillespie further complained, that, after he was apprehended, he applied by a new suspension, and obtained a sist; which was intimated. The Lords were of opinion, this was no stop to incarceration. They had found so formerly; and therefore, upon the whole, they rejected the complaint.
See Suspension.
The electronic version of the text was provided by the Scottish Council of Law Reporting