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Scottish Court of Session Decisions >>
John Williamson v Marion Clerk and Sir Patrick Threapland. [1679] Mor 1703 (6 November 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor0401703-021.html Cite as:
[1679] Mor 1703
How far the Command of a Superior infers Bona Fides.
John Williamson v. Marion Clerk and Sir Patrick Threapland
Date: 6 November 1679 Case No. No 21.
In a subsidiary action for payment of a debt, the Lords assoilzied the jailor's relict, because her husband behoved to obey the magistrates.
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In an action pursued by John Williamson, Sheriff-clerk of Perth, against Marion Clerk, and Sir Patrick Threapland, for his dismissing her out of prison when he was Provost; and therefor concluding payment of the debt against him: The defenders having produced several partial discharges of the debt given by him, (for if they be discharges granted by one's cedent, they will not so much reflect upon him,) “The Lords not only suspended the letters simpliciter, in respect of his discharges produced; but also fined him in 100 merks of expences for his calumny.” It were to be wished, that the Lords did more frequently modify larger expences than they do, in pænam temere litigantium*. (Referred to voce Reparation.)
Fol. Dic. v. 1. p. 106. Fountainhall, v. 1. p. 61.
* what is the text is all that had been printed of this case. What is on the margin is taken from the Ms.
