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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Leaburn v. Basset, Etc [1865] ScotLR 1_88_4 (22 December 1865)
URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0088_4.html
Cite as: [1865] ScotLR 1_88_4, [1865] SLR 1_88_4
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SCOTTISH_SLR_Court_of_Session
Page: 88↓
Court of Session Outer House.
v.
Facts:
An arrestment against one owner of a ship who was named and others not named, held (per Lord Kinloch) sufficient to found jurisdiction against them all.
This is an action against the owners of an English vessel, the Cognac, of Sunderland. The defenders themselves are Englishmen. Jurisdiction was said to be founded against them by arresting the ship at Dundee. The arrestment was used against Mr Basset “and the other owners,” who were not named. The cause of action was an alleged breach of contract entered into by the pursuers and the mate of the vessel. The defenders, other than Basset, pleaded that no jurisdiction had been founded against them, because they were not named in the arrestment. Lord Kinloch has repelled this defence, holding that the arrestment is good enough for the purpose of founding jurisdiction against all the defenders, whatever may be its effect otherwise.
Counsel for Pursuers— Mr J. G. Smith. Agents— Messrs Ferguson & Junner, W.S.
Counsel for Defenders— Mr W. M. Thomson. Agents— Messrs J. & W. C. Murray, W.S.