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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
- v. Macalla
Date: 24 June 1670
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This is a subsidiary action against the defender, as attester of a cautioner in a suspension, (in thir words “I attest his sufficiency for the sum charged for”) to pay the sum contained therein; because the cautioner is already distressed by horning, denunciation, and caption, and yet they cannot recover the sum off him.
Alleged,—The attester of a cautioner must be in the same case with the clerk to the bills, who will never be liable if the cautioner attested was sufficient the time of the attestation; but so it is, this cautioner was such, in so far as he had sums of money and lands then, far above the worth of the sum charged for.
This was found relevant; and they ordained to condescend on what he then had.
