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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Leay, Petitioner. [1774] 5 Brn 375 (10 Augest 1774) URL: http://www.bailii.org/scot/cases/ScotCS/1774/Brn050375-0298.html Cite as: [1774] 5 Brn 375 |
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[1774] 5 Brn 375
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Date: M'Leay, Petitioner
10 Augest 1774 Click here to view a pdf copy of this documet : PDF Copy
Formerly, it was thought that advocation was incompetent after sentence, though before extract: but now it is fixed, See Erskine, 683, that advocation is competent after sentence, if before extract. But, in an advocation of a decree of a Baron Court, this rule cannot apply. In these cases, there can be no extract; a Baron Court is not a Court of record; See Bank., B. 4, tit. 16, § 2. Therefore, as to a Baron decreet, advocation is competent, until execution; for, as to execution, advocation is no remedy: the only remedy there, is by suspension. So argued, Petitioner, M'Leay, 10th August 1774.
The electronic version of the text was provided by the Scottish Council of Law Reporting