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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Livingston v Garner. [1675] Mor 4032 (28 June 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1004032-013.html
Cite as: [1675] Mor 4032

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[1675] Mor 4032      

Subject_1 EXPENSES.
Subject_2 SECT. III.

Expenses of Plea.

Livingston
v.
Garner

Date: 28 June 1675
Case No. No 13.

Expenses and a fine awarded for a vexatious and improper prosecution.


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A bond being granted for payment of a sum, and thereupon the granter having suspended in his own time, and a decreet of suspension being recovered in his favour, after his death, his son being of the same name, was charged, denounced, and taken with caption for the same debt.

The Lords upon a bill did find, That the son ought to be free of the said debt; and in regard of the charger's trincating and fraudful practice, they modified L. 40 to be paid by him, the one half to the party, the other half to the poor's box.

Clerk, Gibson. Dirleton, No 281. p. 137.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1004032-013.html