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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Forbes of Ballogie, v James Catanach, Merchant in Aberdeen. [1710] Mor 676 (21 January 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor0200676-006.html
Cite as: [1710] Mor 676

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[1710] Mor 676      

Subject_1 ARRESTMENT.
Subject_2 Warrant of Arrestment.

Alexander Forbes of Ballogie,
v.
James Catanach, Merchant in Aberdeen

Date: 21 January 1710
Case No. No 6.

A Sheriff cannot interpose his authority to the decree of magistrates of a town, so as to found arrestment.


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In a competition of the creditors of Alexander Forbes of Craigie, James Catanach having, upon a decreet of the magistrates of Aberdeen against Craigie, obtained a summar precept from the Sheriff, for arresting in the hands of Craigie's debtors within the shire, and accordingly arrested:——The Lords found the arrestment null; in respect it was unwarrantable in the Sheriff to interpose his authority summarily to the baillie's decreet, by giving a precept of arrestment thereon, without citing the party decerned.

Fol. Dic. v. 1. p. 53. Forbes, p. 387.

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/1710/Mor0200676-006.html