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Scottish Court of Session Decisions >>
Thomas Wylie and Richard Lothian v Fouller. [1678] 3 Brn 257 (13 November 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Brn030257-0320.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Thomas Wylie and Richard Lothian v. Fouller
Date: 13 November 1678
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Thomas Wylie and Richard Lothian, merchants in Edinburgh, against one Fouller, a skipper, for implement of his charter-party.
The Lords, in this case, approved of the Admiral's custom of taking caution judicio sisti et judication solvi, of sea-faring men; yet they caused try whether the defender was poor, and if the affair might be summarily discussed in a short time, in which cases they might have inclined to favour him with a dispensation; but in regard this matter would run to some time, and probably would require commissions for examining witnesses in Holland, therefore they refused to recede from the custom, but ordained him to find caution. See 25th July 1678, Williamson. And Dury, 16th November 1636, Stewart.
