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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Breadalbane's Trustees v. Campbell [1866] ScotLR 2_87_1 (16 June 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0087_1.html
Cite as: [1866] SLR 2_87_1, [1866] ScotLR 2_87_1
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SCOTTISH_SLR_Court_of_Session
Page: 87↓
Court of Session Inner House First Division.
v.
( Ante, p. 60.)
Facts:
Application for warrant to uplift a sum of money consigned in bank on the loosing of arrestments used on the dependence of an action, refused, in respect the decree in the action was not extracted.
Page: 88↓
This case was decided against the defender on 6th June current. On 13th June the defender presented an appeal to the House of Lords, on which an order of service had not yet been obtained. On 9th June the pursuers presented a note to the Court praying for warrant to uplift from the Royal Bank a sum of £6000 which had been consigned on 15th July 1865, when certain arrestments which had been used by them on the dependence of the action were loosed by the Court. The decree in the action was not yet extracted, and was not extractable, the expenses having only been decerned for yesterday.
Patton and Watson, for the pursuers, supported the application.
Solicitor-General, Clark, and Duncan, for defender, opposed it. The application was premature as the decree had not been extracted. It was expected that the appeal would be served early next week.
The Court refused the application on the ground that it was an incompetent attempt to enforce execution of a decree which was not yet extracted.
Solicitors: Agents for Pursuers— Davidson & Syme, W. S.
Agents for Defender— Adam, Kirk, & Robertson, W.S.