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Scottish Court of Session Decisions >>
Chalmer and Others v Gore and Others. [1751] Mor 2042 (8 February 1751)
URL: http://www.bailii.org/scot/cases/ScotCS/1751/Mor0502042-009.html Cite as:
[1751] Mor 2042
Subject_1 CAUTIO JUDICIO SISTI, ET JUDICATUM SOLVI.
Chalmer and Others v. Gore and Others
Date: 8 February 1751 Case No. No 9.
Juratory caution Judicio sisti can, in no situation, be admitted in maritime causes.
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In an action before the Admiral, at the instance of William Chalmer and others against Samuel Gore, an Englishman, and others, for a riot committed at open sea, Gore found James Paterson surveyor at Leith, cautioner judicio sisti; and the evidence coming strongly out against Gore, whereby Paterson run the hazard of being brought in for a great sum, Paterson found means to persuade Gore to come down to Scotland and present himself, whereupon Paterson got up his bond, and Gore was put in prison.
Gore presented a petition to the Admiral, craving to be let out of prison upon juratory caution judicio sisti, which the Admiral granted upon his deponing and consigning a disposition, as is usual in juratory caution.
Of this order of the Admiral, the pursuer presented a bill of suspension, which was passed unanimously.
The Lords were of opinion, that juratory caution judicio sisti was not at all to be admitted.
Kilkerran, (Cautio Judicio Sisti et Judicatum Solvi.) No 2. p. 116.
