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Scottish Court of Session Decisions >>
William Ford Merchant in Berwick, Supplicant. [1758] Mor 4835 (21 November 1758)
URL: http://www.bailii.org/scot/cases/ScotCS/1758/Mor1204835-048.html Cite as:
[1758] Mor 4835
Arrestment of the Debtor's Effects. - Arrestment in the hands of a person not subject to the jurisdiction.
William Ford Merchant in Berwick, Supplicant
Date: 21 November 1758 Case No. No 48.
A stranger is entitled to apply to this Court by a petition to the Lord Ordinary on the bills, for a warrant to arrest jurisdictionis fundandę causa.
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Ford, a merchant residing in Berwick, intended to apply to tho Sheriff of the Merse, for a border warrant to arrest the goods of Tabor and Thomson, two merchants in London, his debtors; but was advised that the Sheriff might have a difficulty in granting this warrant, as in other cases, because Ford was himself an Englishman, and resident in England. A petition was therefore given in to the Lord Ordinary on the bills; who reported the case to the Lords.
The Court was unanimously of opinion, that the Lord Ordinary should grant the warrant for arrestment jurisdictionis fundandæ causa; and approved of this method of applying to the Court, seeing a petition to the whole Lords was unnecessary, as there was no need of intimation to the defenders.
Reporter, Lord Justics-Clerk.
Fol. Dic. v. 3. p. 240. Fac. Col. No 136. p. 252.
