BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gerard Birkhead v William Nairn, Parson of Dysert. [1628] 1 Brn 150 (9 February 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010150-0334.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Gerard Birkhead
v.
William Nairn, Parson of Dysert
9 February 1628 Click here to view a pdf copy of this documet : PDF Copy
Gerard Birkhead, attorney, constitute for N. Englishman, pursued Mr William Nairn, parson of Dysert, for £13 sterling, conform to his bond. The defender desired, that, since he was to reconvene the pursuer, he might have caution of him to answer him for what he had to lay to his charge, conform to the common law. L. 2. t. 57. Cod. A great part thought the desire agreeable both to law and practique; but the most part thought there was no necessity for his finding caution before the defender had intented action against him.
The like was found between Pyramine, Frenchman, and Patrick Ramsay's children, 15th July, 1628.
Page 306.
The electronic version of the text was provided by the Scottish Council of Law Reporting
