AI-transcribed

A writ commanding a debtor to pay or perform his obligation, under pain of being "put to the horn," i.e., proclaimed rebel. It is now superseded by a charge, q. v.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Horning

Case Date Legal Subject Abstract
Fraser, Reid and Sons v. Lancaster and Jamieson 1793 Arrestment, Bill of Exchange, Diligence, Citation, Horning, Statute Fraser, Reid and Sons claimed preferential rights to goods held in Coats’s custody, asserting priority based on protested bills for specific cargoes and challenging arrestments later laid by Lancaster and Jamieson. The defenders lodged duplies disputing the validity of the arrestments and the question of preference, responding to the pursuers’ replies.
Nicol v. Meason 1765 Debt, Bankruptcy, Arrestment, Reduction, Horning, Creditor Euphan Nicol petitioned the Court of Session to alter an interlocutor that had reduced an indorsation granted to her by James Fechney under the Act of 1621. Gilbert Meason, a Leith merchant, replied, maintaining that the indorsation was valid under the statute.

Documents discussing this subject (54)