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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston v Maxwell. [1760] 5 Brn 539 (6 August 1760) URL: http://www.bailii.org/scot/cases/ScotCS/1760/Brn050539-0595.html Cite as: [1760] 5 Brn 539 |
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[1760] 5 Brn 539
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 POOR'S ROLL.
Date: Johnston
v.
Maxwell
6 August 1760 Click here to view a pdf copy of this documet : PDF Copy
In a process of oppression and damages at Poor Johnstone's instance, his wife and son, against Maxwell of Broomholme and other Justices of Dumfriesshire; before the pursuers were allowed a proof, Lord Kaimes ordained them to find caution for the defender's expense. This he did, from conviction that the process was vexatious; but the Lords, 6th August 1760, altered, and found the pursuers not obliged to find caution; and a proof without caution was allowed accordingly.
The electronic version of the text was provided by the Scottish Council of Law Reporting