Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. I.

To what Causes this Jurisdiction extends.

Merchants in Dundee
v.
Spruce, Englishman

Date: 3 November 1666
Case No. No 64.

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Some merchants of Dundee having sold a considerable quantity of wines to one Spruce, an Englishman, they pursue him for the price; and because he disappeared and no body came to receive the wines, they supplicated the Lords, that they would give warrant to them to sell the wines, lest they should perish, and to be liable only for the best price they could get for them; they did also represent, that Spruce had a factor in Edinburgh, who being cited by a macer, did not appear.

“The Lords refused the supplication, and found, that the day of the appearance of the summons not being come, and the Englisman neither being present, nor obliged to be present, they could do nothing against him, more than if he had not been cited, and so could not sequestrate nor appoint the wines to be sold; but they allowed the party to protest that they had done all diligence that the wines might not perish, whereof the Lords would take consideration in any process that should occur.

Stair, v. 1. p. 403.