A personal citation on six days, upon a summons which authorised edictal citation only, was sustained.
Click here to view a pdf copy of this documet : PDF Copy
In a declarator of escheat by the L. Kirkconnel against the L. Barnbarroch, the summons being execute upon six days against the party defender personally apprehended, where the warrant and command of the letters did bear a desire, to summon him upon sixty days, as being out of the country, and no further anent the citation of the party, being contained in the will and desire of the summons; and the defender alleging the execution to be null, seeing there was no warrant in the summons to cite and summon the party after that manner, and the same could not be done by any person at their own hand without a warrant; this allegeance was repelled, and the citation was sustained. But this is disconform to the decision betwixt the L. Erskine contra Erskine, No 2. p. 3681, except that that was found in the execution of an inhibition, which tending to make a posterior heritable alienation to be null and to fall, required a more strict warrant and process, after the nature of the warrant, as it is craved by the party's self, and is a greater contempt of the Judge, than a citation upon a summons, which is but the beginning of a process, and thereafter hath a progress of a judicial procedure, whereas inhibition is more odious and strict.
Act. Belches.Alt. Nicolson.Clerk, Gibson.
Fol. Dic. v. 1. p. 258. Durie, p. 338.*** Auchinleck reports the same case.
Letters raised to summon a party upon sixty days, by reason he is out of the country, the summons is executed against the party personally apprehended. The execution is quarrelled as wanting a warrant. The Lords sustain the execution.
