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 DEPUTE ADMIRAL OF CLYDE.

Beugo and Bryce
v.
M'Clery

Date: 14 June 1714

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In an action of damages for neglect of commission in trade, skins from Ireland, at the instance of Beugo and Bryce, tanners in Glasgow, against Mac-Clery, residenter there, before the Depute Admiral of Clyde; the pursuer obtained decreet. The defender suspended, and pleaded incompetency. The Lords, 21st December 1775, sustained the reason of suspension of incompetency. Practice was pleaded, and also a decision, Crosbie against Corbet, 25th February 1741, observed by Kilkerran, p. 300. But the Lords, 14th June 1776, adhered. They held to the decision, July 1768, Haig, Does, and Company against Campbell.

In this case, also, the Lords repelled the defence of prorogation of the Admiral's jurisdiction. But, in respect that the objection of incompetency had not been pleaded by the suspender in the inferior court, they found him liable in the chargers' expenses incurred in that court.