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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maclean v. Colthart [1866] ScotLR 1_242_3 (29 March 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0242_3.html Cite as: [1866] ScotLR 1_242_3, [1866] SLR 1_242_3 |
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Page: 242↓
In this case Roderick Maclean, sometime merchant in Stornoway, now in Glasgow, is pursuer; and Robert Colthart, sometime wine and spirit merchant in Stornoway, afterwards residing at Abington, in Lanarkshire, Wanlockhead in Dumfriesshire, and Auchintinney of Ardnamurchan in Argyllshire, is defender. The issues were—
1. “Whether, on or about 3d November 1862, the pursuer was, on a warrant obtained against him as in meditatione fugæ, at the instance of the defender, wrongfully apprehended on board the steamer Clydesdale, on her voyage from Stornoway to Glasgow, and was removed from said vessel and taken to Stornoway, and kept in custody there until the following day—to his loss, injury, and damage?
2. “Whether, on or about 4th November 1862, the pursuer was, on a warrant of imprisonment, until he should find caution de judicio sisti, granted by the Sheriff-Substitute at Stornoway, on the application of the defender, wrongfully imprisoned in the prison of Stornoway, and detained in said prison until on or about 23d November 1862—to his loss, injury, and damage?”
Damages laid at £2000.
The case was set down for trial to-day, but was compromised, the defender having made a tender of £105 of damages, with expenses, which the pursuer accepted.
Counsel for Pursuer—The Solicitor-General and Mr W. M. Thomson. Agent— Mr Wm. Burness, S.S.C.
Counsel for Defender— Mr Gordon and Mr H. J. Moncreiff. Agents— Messrs Cheyne & Stuart, W.S.
