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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Braidwood v Walker. [1765] 5 Brn 426 (20 June 1765) URL: http://www.bailii.org/scot/cases/ScotCS/1765/Brn050426-0392.html |
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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 DECREETS.
Date: Braidwood
v.
Walker
20 June 1765 Click here to view a pdf copy of this documet : PDF Copy
Braidwood, candlemaker, pursued the payment of an account of candles, furnished to the house of Richard Walker, vintner. The account was attested by Mrs Walker. The pursuit was against her, and decreet went accordingly; though, as she was vestita viro, it was understood not to affect her person, but only the goods under her prepositura; but no exception was made in the interlocutor. It was said she could suspend, so far as necessary, to preserve her personal liberty; but it would have been better to have added this quality to the interlocutor, “Not to affect her person, but the goods under her prepositura.”
The late Lord Elchies was of opinion, that all warrants granted by the Lords, even warrants of commitment, to be executed at a distance, ought to be extracted. It was his opinion, that the clerk's subscription was the proper evidence of the mind and language of the Court. This is safest also for the messenger, who might otherways proceed upon an interlocutor altered by the Court. Whereas the extract ascertains him of the final warrant he is bound to obey.
On a petition, the Lords allowed a decreet to be wrote on parchment and sealed with the seal of the Court, 29th March 1683, p. 230, Fount. Vol. I.
The electronic version of the text was provided by the Scottish Council of Law Reporting
