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 £5, 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 >>
Archibald Stevenson of Montgreenan, v William Barclay Tenant in Woodgreen. [1756] Mor 5747 (9 March 1756)
URL: http://www.bailii.org/scot/cases/ScotCS/1756/Mor1405747-027.html Cite as:
[1756] Mor 5747
Archibald Stevenson of Montgreenan, v. William Barclay Tenant in Woodgreen
Date: 9 March 1756 Case No. No 27.
A horning is not competent upon a a decree pronounced by Justices of Peace.
Click here to view a pdf copy of this documet : PDF Copy
Archibald Stevenson pursued William Barclay before the Justices of Peace, for having suffered five of his cattle to break into the pursuer's inclosure, and destroy some young trees. The Justices decerned against the defender for L. 25 Scots to be paid to the pursuer, and for the like sum to be paid to the clerk of court, in terms of the 39th act of Parliament 1685.
Archibald Stevenson applied for a bill of horning upon the decreet pronounced by the Justices. The Lord Ordinary doubted if a bill of horning was competent upon a decreet pronounced by the Justices of peace; and therefore reported the case to the Lords.
“The Lords refused the bill.”
Fol. Dic. v. 3. p. 275. Fac. Col. No 198. p. 296.
*** Letters of four forms discharged, and letters of horning upon a simple charge substituted in their place by act of sederunt, 23d November 1613. See Spottiswood, (Horning.) p. 149.
