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Scottish Court of Session Decisions >>
Bailie Cross and Stewart, v Paterson. [1693] 4 Brn 57 (25 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040057-0136.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bailie Cross and Stewart, v. Paterson
Date: 25 January 1693
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The Lords found no sufficient reason of advocating the cause from the Bailies of Glasgow, that messengers, for their malversations, could only be pursued before the Lords, by the 21st act 1672, and the 25th act 1692. But they considered that he was only pursued here by the creditor employer, to refund his damage in letting the prisoner escape; which, though it arose from malversation, yet it was not in order to deprivation: and therefore remitted the cause. See the like decision in Stair, 27th June, 1673, Heriots.
