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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Coutts and Company v Callin. [1769] 5 Brn 449 (10 March 1769) URL: http://www.bailii.org/scot/cases/ScotCS/1769/Brn050449-0435.html Cite as: [1769] 5 Brn 449 |
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[1769] 5 Brn 449
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 FOREIGNER.
Date: Coutts and Company
v.
Callin
10 March 1769 Click here to view a pdf copy of this documet : PDF Copy
During the dependance of a cause and cross-cause, Coutts and Company against John Callin, in the Chancery of the Isle of Man; Callin came occasionally to Scotland, December 1767, whereupon Messrs Coutts applied to the Judge of the High Court of Admiralty, and obtained a warrant against him judicio sisti, which was executed against him at Ayr, on the 31st of that month, and thereupon he was imprisoned. Afterwards, Coutts and Company brought an action against Callin and Cautioner for payment of their debt. It was pleaded in defence, That the warrant was unnecessary, irregular, and illegal; that there was no foundation for a jurisdiction over him ratione originis, vel contractus, vel domicilii, or by arrestment of his effects ; and that therefore the action fell to be dismissed. But the Lord Pitfour, Ordinary, found otherwise ; and, on bill and answers, the Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
