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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ross v Hay. [1776] 5 Brn 577 (10 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 REPARATION
Date: Ross
v.
Hay
10 December 1776 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit against a messenger for not doing his duty in putting diligence in execution against a debtor; it was inter alia pleaded, in his defence, that his doing so would have had no effect as to the recovery of the debt, but would only have served to add affliction to the afflicted debtor, who was already more than obæratus. The Lords reprobated the defence as highly dangerous: they
thought the duty of the messenger was to obey his orders; and as, in this case, he had not, they found him liable for the debt.
The electronic version of the text was provided by the Scottish Council of Law Reporting