Scottish Court of Session Decisions

Subject_1Process
Subject_2Caution for Expenses
Subject_3Decree by Default
Subject_4Absolvitor or Dismissal.
Facts:

In an action of damages for alleged illegal poinding, the Lord Ordinary on 18th March 1884 ordained the pursuer to find caution for expenses on or before the second box-day in the ensuing vacation, in respect it was not denied that he was an undischarged bankrupt whose estates had been sequestrated on his own application On 3d June the pursuer was of new ordained to find caution within eight days. On 17th June the Lord Ordinary, in respect of an explanation then made, allowed him to find caution by the Friday following. The Lord Ordinary on 24th June, on the motion of the defender, in respect the pursuer had failed to find caution for expenses as required by the preceding interlocutor, assoilzied the defender from the conclusions of the action. The pursuer reclaimed, and made an offer to find caution. It appeared that his estate had been three times sequestrated within the previous ten years, the last time being on 22d October 1879, that he was an undischarged bankrupt, and that there were several decrees standing against him unpaid, and in particular one dated 3d March 1884. The Court adhered, and refused a motion that they should dismiss the action instead of granting absolvitor.