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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Salmond
v.
Courtie
9 January 1629 Click here to view a pdf copy of this documet : PDF Copy
A decreet being obtained before the Town of Edinburgh, against a party holden as confessed, who was warned to compear by the town-officer upon sixty days, he being then out of the country;—it was found that that decreet was null, because no inferior judge had power to summon a party out of the country upon sixty days, without a preceding warrant obtained by the party from the Lords, to summon the defender as out of the country; and that such warnings cannot be made by naked warrant of an inferior judge. This was not clearly decerned, but the Lords inclined to this decision; for it is usual, in inferior judgments, to crave their warrants, when parties out of the country are summoned upon sixty days; but in this process the parties were ordained to dispute their rights, without respect to the decreet.
Act. M'Gill. Alt. Craig. Hay, Clerk. Vid. 7th February, 1629, Town of Irvine.
Page 413.
The electronic version of the text was provided by the Scottish Council of Law Reporting