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Scottish Court of Session Decisions >>
Maclaine v Duncans. [1774] Mor 685 (00 November 1774)
URL: http://www.bailii.org/scot/cases/ScotCS/1774/Mor0200685-011.html Cite as:
[1774] Mor 685
Subject_1 ARRESTMENT. Subject_2 Warrant of Arrestment.
Maclaine v. Duncans
1774.
November. Case No. No 11.
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It is a practice in the Court of Admiralty to take out a blank precept, and thereupon to arrest, even before the precept is executed. Thus a party's goods are arrested before he knows, and for a debt of which he knows not the amount, and therefore cannot easily loose the arrestment.——The Lords found this practice illegal and oppressive, and decerned for damages against the arrester.
Fol. Dic. v. 3. p. 39.
*** By 33d Geo. III. c. 74. § 3. an arrestment may be used upon an unexecuted summons, although the debtor be not bankrupt in terms of the act 1696, c. 5. See James Thomson, Common Agent of the Creditors of Neil Campbell, 10th March 1798. Fac. Col. No 70. p. 160. voce Bankrupt.
