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Cite as: [1678] Mor 17065

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[1678] Mor 17065      
Subject_1 WRONGOUS IMPRISONMENT.

John Dureie
 v.
David Cairns

 Date: 17 July 1678
Case No. No. 1.

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One is charged and imprisoned on a fulfilled minute by the assignee. He pursues the cedent for wrongous imprisonment, and for his damage. Alleged he should have suspended the charge. The Lords refused action since he had not used the remedy; which many of the Lords thought hard; for a poinding on a wronguous charge is a spuilzie, though the charge is not suspended, ergo.

 Fountainhall MS.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3817065-001.html