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Andrew Bower v Robert Mitchell. [1694] 4 Brn 131 (25 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040131-0299.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Andrew Bower v. Robert Mitchell
Date: 25 January 1694
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Anstruther reported Andrew Bower against Robert Mitchell. Alleged,— That no execution could pass on a bond payable on demand, by a charge of horning, till first requisition were made, at least the money demanded; seeing the requiring was the term of payment, and none could be charged before the term, for that was to begin at execution. The Lords found, That, whatever civility or good manners might oblige a man to, yet, in law, he needed not advertise the party; and that the charge on the King's letter was a sufficient demanding: and were so displeased with this trifling defence, that they recommended to the Ordinary who heard the cause, to modify expenses, besides the penalty of the bond.
