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Watts was charged by Barbour by virtue of a decree and precept of poinding obtained at his instance from the Sheriff of Dumfries, upon the protest of a bill drawn by the suspender, and indorsed to the charger.
The precept of the Sheriff proceeded on the narrative of the protest registered in his court-books; but the protest itself was not produced, and the execution of the messenger, which was written on the back of the precept, proceeded on ‘ the within registrat protest. ’
The charger reclaimed ;—but the Lords expressed an unanimous opinion in favour of the interlocutor.
A proposal was then made to turn the charge into a libel; and the Court remitted to the Lord Ordinary to hear parties upon this point.
His Lordship afterwards reported the case verbally, and referred to the decision, Campbell v. Macdonell, 22d Feb. 1827; whereupon the Court, in respect that the record was closed, directed him to refuse to turn the charge into a libel, and to adhere to his former judgment.
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