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Scottish Court of Session Decisions >>
Constable of Dundee v Flescheour. [1605] Mor 8028 (21 June 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor1908028-012.html Cite as:
[1605] Mor 8028
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The Constable of Dundee younger having found caution of lawburrows to David Flescheour in Dundee, the said David pursued him for contravention, in so far as after the act and charge of lawburrows, he came to the said David, standing upon the side of High Street with Mr Andrew Lamb, and the said young Constable being accompanied with ten or twelve of his accomplices, took the hat off his head, crushed it under his feet, and tramped upon it; and menacing the said David, said, that if he, or the others of this town, took not off their hats to him, he should nail it with a whinger to his head.—It was alleged, That the summons was not relevant, because the defender was only acted and obliged, that the pursuer should be harmless and skaithless in his body and goods; and true it was, that he had neither harmed his body, or done skaith to his goods.—It was replied, That the defender was bound that the pursuer should be untroubled or molested, directly or indirectly, otherwise than by order of law; and the defender had troubled, wronged, and dishonoured him, both in his person and goods.—Notwithstanding whereof the Lords found the summons irrelevant, and assoilzied from the same.
