BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Alexander Forbes of Ballogie, v James Catanach, Merchant in Aberdeen. [1710] Mor 676 (21 January 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor0200676-006.html Cite as:
[1710] Mor 676
Subject_1 ARRESTMENT. Subject_2 Warrant of Arrestment.
Alexander Forbes of Ballogie, v. James Catanach, Merchant in Aberdeen
Date: 21 January 1710 Case No. No 6.
A Sheriff cannot interpose his authority to the decree of magistrates of a town, so as to found arrestment.
Click here to view a pdf copy of this documet : PDF Copy
In a competition of the creditors of Alexander Forbes of Craigie, James Catanach having, upon a decreet of the magistrates of Aberdeen against Craigie, obtained a summar precept from the Sheriff, for arresting in the hands of Craigie's debtors within the shire, and accordingly arrested:——The Lords found the arrestment null; in respect it was unwarrantable in the Sheriff to interpose his authority summarily to the baillie's decreet, by giving a precept of arrestment thereon, without citing the party decerned.
