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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maclean v. Duke of Argyll [1865] ScotLR 1_82_2 (19 December 1865) URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0082_2.html Cite as: [1865] SLR 1_82_2, [1865] ScotLR 1_82_2 |
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Page: 82↓
A pursuer of an action of damages for patrimonial loss having been sequestrated, and his trustee having refused to sist himself, ordained to find caution for expenses.
This was an action of damages for patrimonial loss by a tenant of the Duke of Argyll against his Grace. The estates of the pursuer having been sequestrated during the dependence, intimation of the action was ordered to be made to the trustee, who declined to sist himself. The pursuer then proposed to insist in the action himself, but the Lord Ordinary (Jerviswoode) ordained him to find caution for expenses. The pursuer reclaimed, and urged that as the defender was the main creditor in the sequestration, the general rule as to finding caution for expenses in such cases as this did not apply.
The Court adhered. There was no doubt of the general rule; and although the Duke was the main creditor here, there were also other creditors to a considerable amount who do not instruct the trustee to prosecute the action.
Counsel for Pursuer—The Solicitor-General and Mr F. W. Clark. Agents— Messrs Lindsay & Paterson, W.S.
Counsel for Defender— Mr J. G. Smith. Agent— Mr James Dalgleish, W.S.
