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Scottish Court of Session Decisions >>
Archer v Law. [1791] Mor 8894 (18 June 1791)
URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor2108894-014.html Cite as:
[1791] Mor 8894
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A messenger being employed to execute a caption against a brewer, whose residence was within the precincts of the Abbey, but who was not bankrupt, conceiving, that the debtor nevertheless enjoyed the benefit of the sanctuary, bethought himself of a device to bring him out of it, which was by writing a false citation at the instance of a fictitious creditor, summoning him to appear, on a certain day, before the Justices of Peace, which the debtor having accordingly obeyed, was apprehended by the messenger, and put in prison on a Saturday evening, where he remained till Monday. In a summary complaint, the Lords were of opinion, That the device used by the messenger was illegal, and a prostitution of his office, and they found him liable in damages and expenses.
