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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duncan Robertson v Colin Campbell. [1692] Mor 11978 (24 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Mor2811978-027.html
Cite as: [1692] Mor 11978

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[1692] Mor 11978      

Subject_1 PROCESS.
Subject_2 SECT. I.

Libel.

Duncan Robertson
v.
Colin Campbell

Date: 24 November 1692
Case No. No 27.

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

Duncan Robertson against Colin Gampbell, about the Sheriff-clerkship of Argyle. The Lords repelled the first dilator, that there were not free days by the copy they got from the messenger, in respect his execution produced was formal, which was found to be the standard and rule; and also did not regard that the execution bore only the within designed parties, though it was not indorsed on the back of the summons, but on a paper apart, seeing that was most required, when executions were used as interruptions; and here Mr Duncan was promised summar dispatch. They also repelled the second dilator, That the secretaries could not be pursuers, there being no factory produced for them; for, 1mo, They were absent, reipublicæ causa; 2do, Mr Duncan's interest alone was sufficient to sustain the process.

Fountainhall, v. 1. p. 522.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1692/Mor2811978-027.html