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Scottish Court of Session Decisions >>
Jean Dobie and Lauchlan M'Intosh v George Galbraith. [1684] Mor 2067 (6 November 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor0502067-005.html Cite as:
[1684] Mor 2067
Jean Dobie and Lauchlan M'Intosh v. George Galbraith
Date: 6 November 1684 Case No. No 5.
A suspender himself having petitioned to discuss upon the bill, the caution offered not satisfying the clerk, the Court permitted that either the reasons be discussed on the bill, if the charger insisted; or otherwise, that the bill be past on juratory caution, with a disposition omnium bonorum.
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Jean Dobie in Dalkeith, and Lauchlan M'Intosh her husband, gave in a petition against George Galbraith, merchant in Edinburgh, craving, (though they were suspenders) that their suspension might be summarily discussed upon the bill, seeing the clerk of the bills refused the caution they offered, and they were not able to find better.——The Lords having considered this bill, remitted to my Lord Redford, who passed the bill of suspension, to discuss the reasons on the bill, if the charger insist, or otherwise to take the petitioner's oath that he cannot find a better cautioner than the person offered; providing always the petitioner consign a disposition of his hail estate in security; and then allow Redford to expede the bill of suspension.
Fol. Dic. v. 1. p. 121. Fountainhall, v. 1. p. 306.
