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William Herdman v William Wallwood, Messenger in Dunfermline. [1620] Mor 10507 (12 December 1620)
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[1620] Mor 10507
William Herdman v. William Wallwood, Messenger in Dunfermline
Date: 12 December 1620 Case No. No 9.
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He pursues the messenger for spuilzie of a cow. Excepted, Absolvitor; because he poinded her lawfully upon a sentence. Replied, The pursuer offered the sums poinded for, before the spuilzie, and in respect of refusal consigned. Duplied, The defender being an officer, was in bona fide to poind, not being discharged by the suspension.
15th December 1620. Repells the exception in respect of the reply, quhilk admits with the summons.
Alleged, No process, because the spuilzie libelled is in May, and the summons raised in June, and the space short, and the defender an officer, who is content to exhibit the prices of the goods libelled.——16th December. Ordains him to produce the prices at the bar; and declares, they will assoilzie him.
Act. Foulis.Alt. Mowat.
Fol. Dic. v. 2. p. 92. Nicolson, MS. No 572. p. 396.
