Scottish Court of Session Decisions

The suspender, Pagan, writer in Cupar-Fife, was agent for the defender in a process at the instance of the respondent, Horsburgh, Sheriff-clerk of Fife, and Mr Monypenny, W.S., is trustee. After decree had been pronounced against the defender, a process-caption was issued, on the application of Horsburgh as sheriff-clerk, against Pagan, whose receipt stood for the process, for recovering it in order to extract the decree. Before any intimation of the issuing of the caption, it was withdrawn without having been executed. Pagan, however, presented a bill of suspension, as of a threatened charge, to which it was answered, that the proper course of redress, where a process-caption was improperly issued (which it was farther maintained had not been the case here), was by note to the Sheriff, and that, at all events, a bill of suspension as of a threatened charge on a process-caption was quite unknown and incompetent, especially after the caption was confessedly recalled. The Lord Ordinary refused the bill, with expenses, adding the subjoined note. ^*

Pagan reclaimed.