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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Telfer v Muir, &c. [1774] 5 Brn 407 (15 December 1774) URL: http://www.bailii.org/scot/cases/ScotCS/1774/Brn050407-0359.html Cite as: [1774] 5 Brn 407 |
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[1774] 5 Brn 407
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 CAUTION JUDICIO SISTI.
Date: Telfer
v.
Muir, &c
15 December 1774 Click here to view a pdf copy of this documet : PDF Copy
A Warrant of commitment having been obtained against Muir, as in meditatione fugæ, he found caution that he should compear and answer to any action brought against him, or, in default thereof, that his cautioners should pay the debt. Action was accordingly brought against Muir for the debt, and against the cautioners, in the event of his not answering thereto. Decreet was obtained against Muir. It was extracted, and a charge given. This being without effect, the pursuer, Telfer, proceeded in the action against the cautioners; but as they were only cautioners judicio sisti, and as decreet had not only been pronounced but extracted, without any previous requisition to produce Muir, the cautioners were assoilyied, 15th December 1774.
The electronic version of the text was provided by the Scottish Council of Law Reporting
