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Scottish Court of Session Decisions >>
David Park v John Rutherford. [1793] Mor 7580 (23 February 1793)
URL: http://www.bailii.org/scot/cases/ScotCS/1793/Mor1807580-293.html Cite as:
[1793] Mor 7580
Commissaries are limited that they cannot Judge in causes above a certain sum.
David Park v. John Rutherford
Date: 23 February 1793 Case No. No 293.
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David Park having obtained from the Commissary-depute of Peebles a decree against John Rutherford, for L. 3:6:6d. of principal, with 15s. of expenses of process, and 3s. for expense of extract, presented a bill, praying for letters of horning in common form. The clerk to the bills refused to write upon it, in respect the sum included in the decree exceeded L. 40 Scots, But the case having been reported by the Lord Ordinary on the bills, the Court were unanimously of opinion, that as the excess was occasioned merely by the expense of process and of extract, the prayer of the bill ought to be granted.
Lord Ordinary, Craig.
Fol. Dic. v. 3. p. 354. Fac. Col. No 33. p. 66.
