Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 29 January 1686

Robert Cleland
v.
Andrew Irvine

Click here to view a pdf copy of this documet : PDF Copy

In the action, Robert Cleland against Andrew Irvine, my Lord Carse rejected the intimation of an assignation as null; because intimated only at Andrew's shop, he not being there himself; which was alleged to be a place where a merchant is more commonly to be found than in his house. But he objected a decision, within these 12 months, between John Davidson and Mr Archibald Nisbet, writer to the Signet, where the execution of a summons was annulled, because only left at Mr Archibald's writing chamber. But this proceeds on Queen Mary's Act of Parliament 1555, which precisely requires citations on summonses to be either at their dwelling-houses or personally; but there is no such Act with respect to intimations of assignations, except it be drawn a paritate.

Vol. I. Page 399.