Scottish Court of Session Decisions

Subject_1 REPARATION.
Subject_2 SECT. IX.

Impeding of Legal Diligence.

Niven
v.
Grieve

Date: 6 July 1727
Case No. No 59.

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In a case of the nature of the above it was pleaded for the creditor, That he, who unwarrantably stops a poinding, without any colourable title, ought to be liable for the debt, in name of damages, without regard to the extent of the subject, against which the poinding is directed; because, as the creditor is deprived of all means of proving, save by the delinquent's oath, which it would be hard to subject him to, there can be no other method for ascertaining his full damages, but to decern for payment of his debt. The Lords, notwithstanding, found the defender only liable in valorem of the subject intromitted with. See Appendix.

Fol. Dic. v. 2. p. 343.