An action for staying procedure on a decree of an inferior Court, or a decree of the Court of Session made in absence of the defendant. The decree itself comes to be reviewed in this form. It is commenced by the presenting of a note of suspension, or petition, in the Bill Chamber. The party who is plaintiff in this action is called the suspender. The defendant is called the charger, being the party whose charge is sought to be suspended or stayed.

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: Suspension

Case	Date	Legal Subject	Abstract
Alexander Pagan and James Hunter v. Alexander Wylie	1792	Debt, Creditor, Bill of Exchange, Suspension, Aliment, Fraud	Alexander Pagan and James Hunter, as suspenders, resisted Alexander Wylie’s claim upon a bill of exchange that had been altered from £8 to £84 after execution. Wylie, agent for the Paisley Union Bank, had discounted the bill for the higher amount and argued that the suspenders remained liable for the altered sum, while Pagan and Hunter maintained that such a material change precluded any charge against the original acceptor and indorser. The litigation centered on whether parties to a bill could be held responsible for a sum materially increased after the instrument had been signed.
Barr v. Buchanan	1780	Suspension	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.
Boyd (Provost of Linlithgow) v. Cunningham	1832	Interlocutor, Suspension, Expenses, Adjudication, Sist, Corporation	Cuninghams & Bell, W.S., asked the Court to allow them to sist themselves as parties in the suspension between pursuer John Boyd and defender George Cunninghame, seeking to repeat the interlocutor in their favour. Based on the single document cataloged for this case.
Brenton v. Liddell	1796	Justices of Peace, Apprentice, Statute, Suspension, Expenses, Service	Captain Brenton sought to justify his detention of the apprentice John Donaldson against suspender Liddell, maintaining that Liddell had failed to comply with statutory conditions for reclaiming the boy. Liddell responded that Donaldson had not been lawfully enrolled under the 1795 act, as no written notification of disqualification had been delivered prior to the apprentice’s entry on board ship. The dispute turned on the validity of the enrollment and the statutory prerequisites for reclaiming an apprentice.
Crawford, et al v. Wilson, et al	1794	Justices of Peace, Interdict, Statute, Common Law, Arrestment, Suspension
Duke of Atholl v. Robertson	1797	Contract, Servitude, Decreet-Arbitral, Interlocutor, Possession, Suspension	James Robertson petitioned the Court of Session to challenge a 1761 arbitral decree affirming the Duke of Atholl’s ownership of seven shealings, arguing that the underlying 1716 contract was void under statute and contrary to public interest. The Duke defended the contractual and arbitral rulings, maintaining his title to the forest lands while acknowledging that the decrees reserved limited pasturage rights to Lude under specified conditions.
Graham v. Gillespie and Company	1794	Debt, Fraud, Creditor, Bill of Exchange, Suspension, Onerous Indorsation	Archibald Graham, cashier to the Thistle Bank, pursued William Gillespie and Company for payment of bills of exchange that had been materially altered after acceptance. Graham contended that the defenders remained liable for the raised amounts, while Gillespie and Company maintained that the bills, originally accepted for £58 10s. and £50, had been fraudulently raised to £458 10s. and £450 by William Robb without their knowledge or authority. The case turned on whether acceptors are bound to pay increased sums when bills have been fraudulently altered without their consent.
Hugh Baillie and Archibald M'Harg v. John Bland	1772	Suspension, Jurisdiction	Actor George Anne Bellamy granted four promissory notes to pursuer Hugh Baillie but failed to make timely payments. Subsequently, Bellamy and actor West Digges granted Baillie a bond of corroboration, promising to pay the accumulated debt. Bellamy and Digges again failed to make all necessary payments, and Digges was charged with horning. Digges obtained a suspension of the charge, but while the suit was pending, Digges went to England, where Baillie had him arrested. Digges, Baillie, and defender John Bland then entered into an agreement in which Digges and Bland agreed to pay the remaining debt. Bland granted Baillie two notes for 50 l. each, but payment was refused on one of them. Baillie protested the note, and Bland brought a bill of suspension. Bland argued that Baillie’s decision to effect Digges’s imprisonment constituted contempt of the Scottish Court. He also argued that the agreement among Digges, Bland, and Baillie was obtained metu carceris—that is, in fear of prison—and therefore was not actionable at law.
James Turnbull and Malcolm Macdonald v. Sir George Home, Baronet	1793	Jurisdiction, Suspension, Arrestment, Proof, Sequestration, Interdict	James Turnbull and Malcolm Macdonald, as suspenders, sought to compel their bound apprentice Alexander M'Kenzie to return to service and argued that he could not legally enter His Majesty's Fleet as a volunteer. Sir George Home, Baronet, maintained that a seaman formerly apprenticed to a slater might lawfully serve in the Fleet notwithstanding the opposition of his former masters. The dispute turned on whether an apprentice bound to a slater could voluntarily enter naval service or remained subject to his masters' claim for specific performance of the indenture.
John Aitchison and others v. The Magistrates and Billet-Master of Haddington	1795	Interlocutor, Burgh, Thirlage, Suspension, Representation, Magistrate
Loch, et al v. Lord Hailes' Interlocutor	1789	Suspension, Interlocutor, Res judicata, Inhibition, Reduction, Declinator	John Loch, Esq., and others petitioned the Court to alter an interlocutor of Lord Hailes concerning the quartering of soldiers in Caltonhill. Based on the single document cataloged for this case.
MacLaggan v. Heritors of Melrose	1780	Aliment, Heritor, Reduction, Glebe, Suspension, Interlocutor	Digitization in Progress
Marquis of Abercorn v. The Magistrates of Edinburgh	1792	Tack, Interlocutor, Suspension, Jurisdiction, Lease, Rent	The Marquis of Abercorn pursued the Magistrates of Edinburgh for damages, alleging that their diversion of Braid's Burn had injured his water and mills, and sought to join his claim to an existing damages action raised by William Laing. The Magistrates responded that the Marquis lacked standing to claim indemnification under the 1785 water statute without first exhausting the process before a sheriff's jury.
Marshall, et al v. Magistrates and Town-Council of Glasgow	1788	Interlocutor, Interdict, Suspension, Charter, Act of Parliament, Possession	The Examinators of the Faculty of Physicians and Surgeons in Glasgow, including Dr Robert Marshall, petitioned the Court to continue an interdict restraining the Magistrates and Town-Council of Glasgow from quartering soldiers upon them, pending a determination of their claimed charter-based immunity from such burdens. The Magistrates answered, responding to the physicians' argument that their faculty charter rendered them exempt from the quartering of soldiers.
Murdoch v. Lord Dunsinnan's Interlocutor	1787	Decreet-Arbitral, Arbitration, Reduction, Interlocutor, Intromission, Suspension	Elizabeth Murdoch, Alexander Smith, Jean Murdoch, and Christian Murdoch petitioned the Court to alter Lord Dunsinnan's interlocutor. Based on the single document cataloged for this case.
Philips v. Buchanan	1797	Debt, Oath, Interlocutor, Partnership, Aliment, Suspension	Pursuer John Phillips petitioned the Court of Session to alter its recent interlocutor reversing a ruling by Lord Armadale in his case against defender Buchanan. Based on the single document cataloged for this case.
Robb v. Bogg	1794	Interlocutor, Agent, Clerks of Session, Mala Fides, Suspension, Act of Parliament	In Robb v. Bogg, Thomas M'Grugar petitioned the Court to alter an interlocutor that had turned a null decree into a libel and ordered him to plead the merits. Based on the single document cataloged for this case.
Scott v. Stonefield's Interlocutor	1793	Interlocutor, Caution, Possession, Suspension, Security
Shiells v. Lord Duncan's Interlocutor	1788	Suspension, Reduction, Citation, Interlocutor, Caution, Exhibition	Shiells, as petitioners, challenged Lord Dunfinnan’s interlocutor, arguing that a suspender could proceed as pursuer without awaiting the charger’s mora and that a late protestation could not invalidate prior steps. Based on the single document cataloged for this case.
Stewart v. Magistrates and Town Council of St. Andrews	1792	Election contest, Suspension, Reduction, Interdict, Election, Interlocutor	Robert Stewart, claiming to be the duly elected Deacon of the Incorporation of Wrights in St Andrews, petitioned the Court to set aside the election of John Edie and declare his own title valid, alleging that Edie’s election was voided by a court interdict and insufficient legal votes. The Magistrates and Town Council of St Andrews defended Edie’s election as lawful and accused Stewart of unlawful usurpation of the office. The litigation proceeded through successive petitions and answers, with Stewart additionally moving the Court to alter interlocutors regarding expenses and other procedural orders.
William Gilmour and Others v. William Finnie and Benjamin Greig	1832	Expenses, Assignation, Credit, Interest, Suspension, Interlocutor	William Finnie and Benjamin Greig, defenders in the action raised by William Gilmour and others, presented a reclaiming note against an interlocutor pronounced by Lord Corehouse. Based on the single document cataloged for this case.