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Miller v Wilson. [1749] Mor 15148 (19 February 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor3415148-021.html Cite as:
[1749] Mor 15148
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Wilson having obtained decree against Miller, of which Miller obtained suspension, in which caution, as usual, had been found, Wilson arrested Miller's effects wherever he could find them; which the suspender having laid before the Lords by a summary complaint, as a contempt of authority,
The Lords “found no ground for the complaint, and refused the desire thereof.”
No law hinders one to arrest or inhibit notwithstanding a passed suspension. The effect of a suspension passed, is only to turn the decree to a depending process, on which arrestment and inhibition may proceed.
Fol. Dic. v. 4. p. 320. Kilkerran, No. 17. p. 45.
*** See a similar case, 22d February, 1750, Henderson against Smith, No. 17. p. 6563. voce Implied Obligation.
