ails, I will endeavour to give
you, in exchange for your fiddler's tale, the history of a litigant, or
rather, the history of his lawsuit.
'Peter Peebles and Paul Plainstanes,' said my father, entered into
partnership, in the year--, as mercers and linendrapers, in the
Luckenbooths, and carried on a great line of business to mutual
advantage. But the learned counsel needeth not to be told, SOCIETAS EST
MATER DISCORDIARUM, partnership oft makes pleaship. The company being
dissolved by mutual consent, in the year--, the affairs had to be wound
up, and after certain attempts to settle the matter extra-judicially,
it was at last brought into the court, and has branched out into several
distinct processes, most of whilk have been conjoined by the Ordinary.
It is to the state of these processes that counsel's attention is
particularly directed. There is the original action of Peebles v.
Plainstanes, convening him for payment of 3000l., less or more, as
alleged balance due by Plainstanes. Secondly, there is a counter action,
in which Plainstanes is pursuer and Peebles defender, for 2500l.,
less or more, being balance alleged per contra, to be due by Peebles.
Thirdly, Mr. Peeble's seventh agent advised an action of Compt and
Reckoning at his instance, wherein what balance should prove due on
either side might be fairly struck and ascertained. Fourthly, to meet
the hypothetical case, that Peebles might be found liable in a balance
to Plainstanes, Mr. Wildgoose, Mr. Peebles's eighth agent, recommended a
Multiplepoinding, to bring all parties concerned into the field.'
My brain was like to turn at this account of lawsuit within lawsuit,
like a nest of chip-boxes, with all of which I was expected to make
myself acquainted.
'I understand,' I said, 'that Mr. Peebles claims a sum of money from
Plainstanes--how then can he be his debtor? and if not his debtor, how
can he bring a Multiplepoinding, the very summons of which sets forth,
that the pursuer does owe certain monies, which he is desirous to pay by
warrant of a judge?' [Multiplepoinding is, I believe, equivalent to what
is called in England a case of Double Distress.]
'Ye know little of the matter, I doubt, friend,' said Mr. Peebles; 'a
Multiplepoinding is the safest REMEDIUM JURIS in the whole; form of
process. I have known it conjoined with a declarator of marriage.--Your
beef is excellent,' he said to my father, who in vain endeavoured to
resume his legal disquisition
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