AI-transcribed

Where a decree in absence is sought to be reduced, the pursuer, as a condition of his being allowed to insist in the action, must first pay the expenses decerned for in the previous decree. If he is successful in the reduction, he is not entitled to claim repayment of these previous expenses, as forming part of the expenses of the action of reduction. A different judgment appears to have been pronounced in one case, but it does not appear to be supported by the opinion of the majority of the judges who, as reported, were against the claim.

Definition source
AI-transcribed
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Courts.” Public domain.

Legal Subject: Courts

Case Date Legal Subject Abstract
Barr v. Buchanan 1780 Suspension, Arrestment, Inhibition, Courts James Barr brought a bill of suspension seeking his release from prison. Barr alleged that he had been imprisoned because of the “groundless prejudice” of James Buchanan of Drumpellier, a justice of the peace. He also cited procedural irregularities. However, Buchanan alleged that Barr had caused a number of disturbances for reasons stemming from his mental illness. Buchanan argued that Barr’s friends should find security for the suspender’s future conduct and conduct him to a safe place.
Common Agent v. Corrie 1794 Adjudication, Interlocutor, Execution, Personal Objection, Courts, Expenses Common Agent petitioned the court, arguing that Corrie's decree of cognition was void because it had not been properly notified. Based on the single document cataloged for this case.
James Buchanan, Dean of Guild of Glasgow v. Patrick Bell 1774 Adjudication, Public Police, Courts, Magistrate, Privilege, Jurisdiction This case was about the police powers of Glasgow’s dean of guild, a magistrate who supervised buildings. In 1773, the dean and his council ordered residents to take down their “water barges,” which were affixed to buildings in order to carry water away. Suspender Patrick Bell ignored the new rule and was individually ordered to take down his water barge. Bell brought a bill of suspension before the Court of Session. He argued that the dean of guild lacked authority to create regulations that were not based on common law or a statute; therefore, according to Bell, the dean of guild could not require removal of the water barge unless it constituted a nuisance or a trespass. The dean of guild responded that the order was within his jurisdiction, and that it was justified because the water barges were “ugly to the eye,” served to narrow the street, and poured water out onto passing pedestrians.
Petition of the Magistrates of Dunfermline 1793 Expenses, Jurisdiction, Alter, Prisoner, Sheriff, Courts

Documents discussing this subject (showing 100 of 105)