Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Semple v. Walker
Date: 24 December 1669
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In the action of suspension, Semple against Walker, called about that same time, my Lord Stair turned a decreet of the Sheriff of Lanerk into a libel, because it bore only that the defender being twice lawfully summoned to give his oath upon the libel compeared not, and so was holden pro confesso; and did not bear that he was personally apprehended: whereupon we were necessitated to refer the same of new again to the suspender's oath. Whereas it might have been alleged, that this decreet ought as well to be sustained as they sustain a horning bearing delivery of a copy to the party, though it bear not that he was personally apprehended.
Vide infra November 1676, Findlay, No. 504. Dury, 22d July 1626, Stewart against Ahanay.
