Scottish Court of Session Decisions

This case was dismissed yesterday as irrelevant. The pursuer had used arrestments on the dependence, and the defenders applied to-day, by petition in the Outer House, to have the arrestments recalled on caution, the pursuer having intimated his intention to appeal the judgment of yesterday to the House of Lords. The petition was presented under section 20 of the Personal Diligence Act (1 and 2 Vict. c. 114), which enacts that “it shall be competent to the Lord Ordinary in the Court of Session before whom any summons containing warrant of arrestment shall be enrolled as Judge therein, or before whom any action on the dependence whereof letters of arrestment have been executed has been or shall be enrolled as Judge therein, and to the Lord Ordinary on the Bills in time of vacation, on the application of the debtor or defender by petition duly intimated to the creditor or pursuer, to which answers may be ordered, to recal or to restrict such arrestment on caution, or without caution, and dispose of the question of expenses as shall appear just.”

The Lord Ordinary (Kinloch) reported the application. He had difficulty in holding that he had power to entertain it, seeing that the action was no longer in dependence, having been dismissed, or at least was no longer in dependence before him.