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The Lord Ordinary held that the advance made by the cautioner was proved both by the admission of the original suspender and the certificate of the agent, and granted the prayer of the minute.
The charger reclaimed ;—but the Court refused the note, being unanimously of opinion that a cautioner in a suspension is entitled to make himself dominus litis , and to assist in the conduct of the case, and to advance money for carrying it on, either in his own name or in that of the suspender; and that, being liable for the expenses if unsuccessful, he is entitled to take decree in his own name for his advances.
Lord Ordinary, Cringletie. Act. Jardine. Alt. Jeffrey, W. Bell. Alex. Fleming, W. S. and John Whitehead, Agents. F. Clerk.
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Common Room
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