Scottish Court of Session Decisions

John M'Phedron and John Currie presented this petition for recal of arrestments laid on their steamship the “Easdale,” on the dependence of an action against them for £176, 11s. 8d. at the instance of John M'Callum and others, the owners of the steamship “Hebridean.”

The petitioners averred that the action was called in Court on 25th October, and defences did not fall to be lodged till ten days thereafter. They were prepared to lodge defences when due, and to dispute the conclusions of the summons. They had offered to consign the sum sued for in the hands of the Clerk of Court, but the pursuers refused to withdraw their arrestments. Further, that they were under engagement to carry cargo,

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and were suffering loss and damage owing to this refusal. They therefore prayed the Court to recal the arrestments on consignation of £176, 11s. 8d.

Service of this petition was dispensed with of consent.

The petitioners argued that the sum offered by them for consignation was more than sufficient. The sum sued for in the action was illiquid, and they intended to dispute the amount of the claim. No prejudice would be caused to the pursuers in that action by recalling the arrestments, as the petitioners were resident in Scotland, and always within the jurisdiction of the Court. The petitioners, on the other hand,-had been suffering loss and damage as averred.

The respondents maintained that there should be consignation of a sum to meet the expenses of the action as well as the amount sued for— Stewart v. Macbeth, December 19, 1882, 10 R. 382.

The Court, following the case of Stewart v. Macbeth, supra, pronounced the following interlocutor:—

“The Lords of consent dispense with service of this petition, and having heard counsel for the petitioners and for the respondents, and considered the petition, Recal the arrestments therein mentioned, and prohibit and discharge the use of further arrestments as prayed for, upon the petitioners finding caution to the extent of £200, or upon the consignment of that sum in the hands of the Clerk of Court, and decern.”