A petitioner’s agent in a Sheriff Court carried off the petition against the wish of the Sheriff. The Sheriff granted a caption for recovery of the petition, without giving the agent notice, and the agent was imprisoned. In an action of damages for wrongous issue of a process caption, against the Sheriff-Clerk and his Deputy,- Held (affirming decision of Second Division), that the Sheriff had acted regularly in granting a warrant to imprison the agent, and that no notice was necessary in the circumstances.
Judgment altered so far as to give the respondents their costs-no costs having been given in the Court of Session.
Judges:
Lord Chancellor Cairns, Lords Chelmsford and Selborne
Citations:
[1874] UKHL 491, 11 SLR 491
Links:
Jurisdiction:
Scotland
Costs
Updated: 20 November 2022; Ref: scu.650215