Scottish Court of Session Decisions

Subject_1 CAUTIO DE RATO.

Cornelius Paterson, Dutchman
v.
Captain Alexander

Date: 15 December 1629
Case No. No 3.

The Court, in a case a stranger against a Scotsman, sustained process, the pursuer's procurators, either producing a procuratory before litiscontestation, or else finding caution before that time.

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Cornelius Paterson, Dutchman, having intented action of reduction of a decreet obtained by Captain Alexander before the Admiral, whereby a ship of his, taken by Captain Alexander, was declared prize; it was alleged, No process at the pursuer's instance, being a stranger and absent, before there was a procuratory produced from him, giving, power to some man to pursue him.——The Lords sustained process, the pursuer's procurators producing either a procuratory before litiscontestation, or else finding caution before that time.

Fol. Dic. v. 1. p. 122. Spottiswood, p. 8.