Date of Decision: 20 Jun 1806
Abstract: The pursuer raised an action of wrongful imprisonment against the defender, Sheriff-Substitute, and challenged the interlocutor that ordered his incarceration. The pursuer argued that the defender violated the Act of 1701, by not giving a deliverance on the petition for bail within the required time, and also by not admitting the pursuer to bail when he was accused of a bailable offense. The purpose of the act was to protect people from oppressive acts by those entrusted with executive or ministerial authority.
Subjects: Wrongous Imprisonment, Due process, Wrongful imprisonment

Published Report

William Morison, The Decisions of the Court of Session (1811), App. 1, No. 3, 5

Litigants

Pursuer:
John Andrew
Defender:
John Murdoch

People or Organizations Associated with Case

Agent:
H. Warrender, W.S.
James Gibson, W.S.
Named in case documents:
Robert Ramsay

Organizations