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The debtor in a bill, who had received a regular charge in virtue of a Sheriff's precept, on a protest registered in the Sheriff-court books, being subsequently charged on letters of horning raised on the same bill upwards of six years after the date of payment, suspended the latter charge on the ground that the bill had fallen under the statutory limitation before the date of the diligence.
The Lord Ordinary refused the bill; and the Court , holding it a point too clear for argument, that the charge in the Sheriff's precept was diligence in the sense of the statute, unanimously adhered.
Lord Moncreiff, Ordinary. For suspender, Jameson. John Maclaurin, W. S. Agent. For the charger, Marshall. John Gibson jun. Agent.
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Common Room
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