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URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor3214064-049.html
Cite as: [1709] Mor 14064

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[1709] Mor 14064      
Subject_1 RES INTER ALIOS.
Subject_2 SECT. II.

Res Judicata.

Hamilton
 v.
Calder

Date: 20 December 1709
Case No. No 49.

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A decree having been taken out by the tacksman of the customs against his cashier, for a balance in his hands, without calling the cashier's cautioner, the Lords, in a suspension, allowed the cautioner to be heard against the accounts, as if he were, yet in libello, and found the decree not to be res judicata, either as to relevancy or probation.

 Fol. Dic. v. 2. p. 351. Forbes.

*** This case is No 24. p. 2092, voce Cautioner.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor3214064-049.html