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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Archibald Sinclair, Esq. and William Sutherland, his Attorney v. Alexander Fraser, Esq. and Jane, his Wife [1771] UKHL 2_Paton_253 (4 March 1771)
URL: http://www.bailii.org/uk/cases/UKHL/1771/2_Paton_253.html
Cite as: [1771] UKHL 2_Paton_253
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SCOTTISH_HoL_JURY_COURT
Page: 253↓
(1771) 2 Paton 253
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
(M. 4542.)
No. 62.
v.
House of Lords,
Subject_Foreign Decree.—
Effect of a Foreign decree, when founded on in the Courts of Scotland.
For Report of this Case, Vide Morison, 4542.
The appellant Sinclair having, as attorney in Jamaica,
Page: 254↓
Dec. 12, 1767.
In an action brought against him in the courts of Scotland, founding upon the decree, the Court of Session held that the foreign decree was not conclusive evidence of the debt, and ordered him to produce the vouchers of his claim.
Against this judgment the present appeal was brought.
After hearing counsel, it was
Ordered and declared that the judgment of the supreme court of Jamaica ought to be received as evidence prima facie of the debt; and that it lies upon the defendant to impeach the justice thereof, or to show the same to have been irregularly obtained. It is therefore ordered and adjudged that the said several interlocutors complained of be, and the same are hereby reversed.
Counsel: For Appellants,
Al. Wedderburn. H. Dalrymple.
For Respondents,
Ja. Montgomery,
John Dalrymple.