Scottish Court of Session Decisions

Subject_1 SUMMARY APPLICATION.

Angus, Complainer

1751. February.
Case No. No. 13.

Whether a summary complaint be competent against the clerks of inferior courts for malversation

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Archibald Angus, merchant in Edinburgh, had pursued certain persons, his debtors, before the Admiral-Court at Borrowstounness, who, after acknowledging the debt upon oath, consigned the same in the hands of the Clerk of Court.

A summary complaint was exhibited by Mr. Angus against John Ferrier, writer in Linlithgow, the clerk, for having, for a twelve-month, concealed his having the money; and, when afterwards desired by Angus to give it up, pretending, that after so long a time, he could not say how much was of it, and, after recollection, falsely alledging that he had paid it to Mr. Angus's clerk.

This summary complaint was admitted by the Lords, and Ferrier appointed to answer; which he did, without objecting to the competency.

The Lords, some time ago, admitted a summary complaint against the Baron Bailie of Calder, for oppression committed by him as a Judge.

Fol. Dic. v. 4. 310. Kilkerran, No. 4. p. 526.