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Scottish Court of Session Decisions >>
Janet Dalrymple, and Skene of Hallyards, v Daniel Johnston. [1710] Mor 7662 (23 June 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor1807662-370.html Cite as:
[1710] Mor 7662
Janet Dalrymple, and Skene of Hallyards, v. Daniel Johnston
Date: 23 June 1710 Case No. No 370.
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In an advocation at the instance of Janet Dalrymple against Daniel Johnston, an arrestment being laid on by virtue of the Sheriff's precept in a person's hand within his jurisdiction, and that person having changed his domicile, the bailies of the place of his present residence were found competent to judge in an action of furthcoming upon the arrestment, albeit that was alleged to be contrary to the decision, Smith contra Miller, March 8. 1634, No 199. p. 7484. in respect the Lords were not unanimous in that practick; and my Lord Stair, Instit. Lib. 3. tit. 1. § 24. clears, that one inferior judge may sustain process of furthcoming, upon an arrestment laid on by warrant of another.
