Scottish Court of Session Decisions

On the 14th of January, a petition was presented, setting forth that, on 26th December preceding, a petition for sequestration had been presented to the Lord Ordinary on the bills, by the petitioner and a concurring creditor of the requisite amount, and that sequestration was thereon awarded: That, on the following day, the petitioner paid the debt to the concurring creditor, and, finding his application to have been unnecessary and precipitate, he recalled the mandate under which it had been granted: That no proceedings of any kind had followed on the award of sequestration, no advertisement having been made in the Gazette, or meeting held, or entry made in the register of inhibitions: That as the interlocutor awarding sequestration had been entered in the clerk's written minute-book, it would be transferred to the general minute-book, and printed and published, whereby he would be materially injured, and that any such publication was now uncalled for. He therefore craved the Court “to grant warrant, prohibiting and interdicting the keeper of your Lordships' Minute-book from entering the foresaid interlocutor, awarding sequestration against the petitioner, in the general Minute-book, and from printing or publishing it in the printed copy thereof, distributed to the practitioners in the usual manner.” Warrant granted as craved. The petitioner stated, that the concurring creditor also desired that the publication of the interlocutor should be prevented.

No appearance was made to oppose the petition.