BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
David Kay v Richard Howison. [1696] 4 Brn 321 (17 June 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040321-0688.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
David Kay v. Richard Howison
Date: 17 June 1696
Click here to view a pdf copy of this documet : PDF Copy
On a bill given in by David Kay, against Richard Howison, brewer in the Potterrow, representing, That, being incarcerated for £36, he was starving, and therefore the pursuer should either liberate or aliment him;—the Lords found, The only case where they obliged creditors to aliment was where they opposed the debtor's coming out on a cessio bonorum. But here there was none raised; yet, the sum being small, they recommended to two of their number to treat with the creditor to give an ease, and to pay what should be agreed on furth of the funds of the poors' money for relieving prisoners for small debts.
