The Scots Revised Reports, [Court of Session] (Volume 2); Faculty Collection, 1807-1825
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The Scots Revised Reports, [Court of Session] (Volume 2); Faculty Collection, 1807-1825

The Scots Revised Reports, [Court of Session] (Volume 2); Faculty Collection, 1807-1825


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... action before the Magistrates of Glasgow. Both of these statements cannot be true; and the two executions are quite inconsistent with each other. It is inconsistent with every principle of expediency and justice, that the execution of the diligence may be corrected or altered without objection, even where there is no competition of creditors. But, in the present case, there is a competition at the instance of Ewing, who claimed a preference on account of certain disbursements laid out on the vessel, to which he had a joint right. Even if there were no competition, the pursuers would be in no better situation. The defender, by granting the bond of caution for loosing the arrestment, cannot be held to have admitted the validity of the diligence, or, by a sort of homologation, renounced all objection which might otherwise be competent. Homologation can only take effect where the party is in the knowledge of the whole facts and circumstances of the case, which the defender was not when he granted the bond of caution. If the pursuer's argument were good, it must amount to this, that although there had not been even the form of an arrestment gone through--although there had been no execution of diligence of any kind, still, by granting a bond of caution, the defender created a diligence on an arrestment, and was as much liable as if it had been regularly executed. But the vessel never having been attached by the diligence of the law, a bond of caution could create no such diligence. But, at all events, the defender can only be liable for the principal sum; because, in the first place, an arrestment on a depending action cannot cover expences of process; Wallace against Robertson's Creditors, July 1733, Diet. vol. i. p. 539; Dickie against Hall, 15th February 1744...


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Product Details
  • ISBN-13: 9781235784408
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 736
  • Spine Width: 37 mm
  • Width: 189 mm
  • ISBN-10: 1235784401
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1293 gr


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The Scots Revised Reports, [Court of Session] (Volume 2); Faculty Collection, 1807-1825
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