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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Ogilvie v Bailies of Dundee. [1595] Mor 14423 (24 February 1595)
URL: http://www.bailii.org/scot/cases/ScotCS/1595/Mor3314423-010.html
Cite as: [1595] Mor 14423

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[1595] Mor 14423      

Subject_1 SERVICE OF HEIRS.
Subject_2 SECT. II.

Tenor of the Brieve. - Form of proceeding. - Reduction of Service. - Can a Service be stopped by an offer to prove a nearer Heir?

Archibald Ogilvie
v.
Bailies of Dundee

Date: 24 February 1595
Case No. No. 10

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An breve beand proclamit to ane certane day, may on na wayis be continewit be the judge to ane uther day, without consent of partie: And gif the judge proceed to the serving thairof, at the day to the quhilk it was continewit by him allanerlie, the service, and all that follows thairupon, is null and of nane avail.

Fol. Dic. v. 2. p. 370. Balfour, (Brieves) p. 419.

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

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