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!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Dundas v M'Leod. [1743] 1 Elchies 85 (13 December 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010085-001.html Cite as: [1743] 1 Elchies 85 |
||
[New search] [Printable PDF version] [Help]
[1743] 1 Elchies 85
Subject_1 CAUTIO JUDICIO SISTI ET JUDICATUM SOLVI.
Captain Dundas
v.
M'Leod
1743 ,Dec. 13 .
Case No.No. 1.
Click here to view a pdf copy of this documet : PDF Copy
The question was, whether caution found in the Admiralty-Court judicatum solvi subsisted, though the defender died before decreet but after litiscontestation and proof? 2d, Whether a foreigner being heir of blood to such deceased defenders who are not otherwise within our jurisdiction, can be habilely called to make that caution subsist. Against the
first quoted 20th January 1680, Hodge, (Dict. No. 5. p. 2034.) We unanimously found the cautioner not freed by the death of the principal defender pendente processu, except the President, who thought him free, 2dly, We found he was liable notwithstanding the heir was a foreigner.—27th January Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
