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Boyd of Pinkill v Cathcart of Carleton. [1684] 3 Brn 498 (12 February 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030498-0752.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 12 February 1684
Boyd of Pinkill v. Cathcart of Carleton
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Boyd of Pinkill having given in a complaint against Cathcart of Carleton, as having committed a riot in poinding his goods, after a bill of suspension was presented, and ordained to be discussed:—Answered,—He was ordained to produce the bill, and yet keeped it up; and therefore the Lord Ordinary, before whom it was heard, ordained the execution to go on.
Replied,—That there should have either been a decreet or protestation, and so should have been put up in the minute book, to have given him fair warning and advertisement, before he could have proceeded.
The Lords, on Redford's report, found in such a case there was no formed process, and so needed not go to the minute-book: and thus found the execution legal and warrantable.
