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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon v William Taylor, Writer in Edinburgh. [1776] 5 Brn 378 (00 March 1776) URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050378-0305.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Gordon
v.
William Taylor, Writer in Edinburgh
1776 .March .Click here to view a pdf copy of this documet : PDF Copy
An appeal stops execution, in terms of the Resolution of the House of Lords, anno 1709.
Gordon, second son of Sir Robert Gordon of Gordonston, was creditor to William Taylor, writer in Edinburgh, against whom he obtained decreet of adjudication. Taylor reclaimed to the Lords; but his petition, 9th March 1776, was refused. Thereupon, the decreet of adjudication being extracted, Taylor appealed. The question was, Did the appeal stop recording the abbreviate? My answer was, not. The abbreviate was no execution; and as the Lords had found, in the case of Dr Heron against Heron, that, even after an appeal, inhibition might be raised on the dependance, being only a diligence in security, not for execution, the same applied here. The Ordinary on the Bills, Lord Covington, refused a suspension.
The electronic version of the text was provided by the Scottish Council of Law Reporting
