Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v The Lord Cardross. [1680] 2 Brn 261 (8 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn020261-0539.html
[New search] [Contents list] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: -
v.
The Lord Cardross
8 December 1680 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit at the instance of —— against the Lord Cardross,—it was Alleged, No process; because the second summons was at the pier of Leith; whereas Cardross was then within the kingdom, and so should have been cited personally, or at his dwelling-house.
It was answered, That the first citation being at the pier of Leith, Cardross being then out of the kingdom, the pursuer was warranted to proceed so with the second summons; especially seeing Cardross was accustomed to be about the border, and to go in and out, and to lurk there.
The Lords found, No process till Cardross were cited personally, or at his dwelling-house; being then within the kingdom, albeit the first citation was given when he was out of the kingdom.
Vol. II, Page 812.
The electronic version of the text was provided by the Scottish Council of Law Reporting