Hammond, Birket, and Smith, pursuers, attempted to arrest (legally claim) funds in the hands of Claud Marshall, a writer in Glasgow, on the ground that Claud possessed funds belonging to their debtor William Marshall. William was in Tobago, and he had sent a bill to Claud with instructions to apply it for the support of William’s daughters. Hammond, Birket, and Smith argued that Claud possessed the bill when the arrestment was used. Claud responded that he had sent the bill off to London by that time, and that payment was made to William’s children.
People involved
- Hammond, Birket, and Smith — Pursuer
- Claud Marshall — Defender
- Neil Fergusson, of Pitcullo — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia — Lord Ordinary
- David Dalrymple, of Westhall, Lord Westhall — Lord Ordinary
- William Marshall — Named in case documents
- John Marshall — Named in case documents
- John Mackechnie — Named in case documents
Hammond, Birket, and Smith, pursuers, attempted to arrest (legally claim) funds in the hands of Claud Marshall, a writer in Glasgow, on the ground that Claud possessed funds belonging to their debtor William Marshall. William was in Tobago, and he had sent a bill to Claud with instructions to apply it for the support of William’s daughters. Hammond, Birket, and Smith argued that Claud possessed the bill when the arrestment was used. Claud responded that he had sent the bill off to London by that time, and that payment was made to William’s children.
