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Scottish Court of Session Decisions >>
- v Town of Edinburgh. [1626] Mor 1983 (1 March 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor0501983-095.html Cite as:
[1626] Mor 1983
Burgsses only, who themselves have been furnishers; not where they are assignees of creditors not burgesses; may arrest strangers for the debt.
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In an advocation of an action from the town of Edinburgh, the cause being advocated, it was questioned, if the caution found before the Town. Court should stand, after the advocation.——The Lords found the caution, found by the party pursued, ought not to stand, seeing the party could not have lawfully urged ab initio, to have found that caution by the town of Edinburgh, as their use is, to cause otherwise to be done to burgesses; seeing the party, to whom caution was given, albeit he was their burgess, yet the cause of the debt was not owing to the burgess himself, but only to a stranger, without the jurisdiction, and whereto the burgess was only made assignee; and if that be sustained, every man, by such assignations, might be troubled with finding of caution, in that sort, which were a great vexation, and in itself unreasonable.
Clerk, Scot.
Fol. Dic. v. 1. p. 119. Durie, p. 186.
