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John Smith and - Hog v Dods. [1685] 3 Brn 556 (27 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030556-0838.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 27 March 1685
John Smith and - Hog v. Dods
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John Smith, procurator-fiscal of the Sheriff-court of Haddington, and Hog, party grieved, having obtained a decreet against Dods, fining him in L.100 Scots for two riots, in breaking up a barn, &c,—and he being holden as confessed, suspended upon thir reasons. 1mo, That the decreet was truly in absence; for though a procurator took a day to produce him, yet he wanted a mandate. 2do, The Sheriffs tine was exorbitant and beyond his power. Answered,—He was at the Tolbooth-door when the cause was called, and yet refused to appear. 2do, There were two riots.
The Lords, on Saline's report, found he was guilty of two several riots; and therefore sustained the Sheriff's decreet, and found the letters orderly proceeded for the whole fine.
