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.
