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 £5, 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 >>
Robert Cormack v George Roger. [1753] Mor 5746 (16 June 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Mor1405746-026.html Cite as:
[1753] Mor 5746
Horning is not competent on the decree of a Baron Bailie.
Click here to view a pdf copy of this documet : PDF Copy
Robert Cormack obtained decreet before the Bailie of Leith against George Roger, for payment of a certain sum of money; and gave in to the Lords a bill for horning upon this decreet.
The Lord Ordinary reported the bill to the Lords. The reason of doubting whether the bill could pass was, That the Bailie of Leith is not the Bailie of a royal burgh, Leith being only a burgh of barony; and though part of Leith lies within the royalty of Edinburgh, yet the Bailie of Leith is not even in that light a Bailie of a royal burgh, but only the delegate of the Magistrates of Edinburgh; neither is it now known with certainty what part of Leith is within the royalty.
It was observed, That hornings had frequently been granted on such decreets, but they had passed of course, and not causa cognita.
“The Lords refused the bill.”
Reporter, Drummore.
Fol. Dic. v. 3. p. 275. Fac. Col. No 76. p. 115.
