Richard Mercer contracted debts with Susanna Frances Tasker while living in Dublin, Ireland. When Mercer moved to Edinburgh, Tasker brought suit to collect on his debts. As Pursuer, Tasker pleaded to the Court of Session that Mercer should be imprisoned or brought to Court until he could secure or warrant his debts (caution judicio sisti). Tasker obtained the warrant against Mercer in 'meditation fugue' to apprehend and imprison him. Mercer, the Defender, argued against this interlocutor, claiming that there was no reasonable expectation of defrauding the collector.
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. App. 1, No. 2