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Scottish Court of Session Decisions >>
Knox and Others v Doig and Others. [1741] Mor 6782 (10 July 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor1606782-217.html Cite as:
[1741] Mor 6782
Consignment by the Pursuer. - Summary incarceration upon suspicion of forgery. - Improbation against titles of honour.
Knox and Others v. Doig and Others
Date: 10 July 1741 Case No. No 217.
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In this case, which is the first to be met with upon the effect of one's failing in an improbation of the execution of the summons, which can only be proponed peremptorie causæ it was established as the rule, that the pursuer prevails in every conclusion of his libel that required no other parties to have been called, and which it was not pars judicis to have over-ruled as contrary to law; in applying whereof, it was found, that he was not to prevail in a conclusion for a sum certain, libelled at random, for expenses; for that such conclusion could go no further on the defender's losing this wager of law, than it would in any common case where the pursuer prevailed; notwithstanding which, the conclusion of a sum for expense is always restricted to the real expense.
Fol. Dic. v. 3. p. 313 Kilkerran, (Improbation.) No 3. p. 281.
