[1711] Mor 11983
Subject_1 PROCESS.
Subject_2 SECT. I. Libel.
Date: Andrew Brown of Braid and his Curators
v.
William Carstairs Writer in Edinburgh
3 July 1711
Case No.No 34.
Process not sustained on a summons wherein the first day of compearance was beyond year and day of the raising of the summons, although it was executed within the year.
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Andrew Brown of Braid having eited William Carstairs to count and reckon for his father's intromissions as factor with the said Audrew Browan's estate; the Lords sustained no process, in respect the first day of compearance was beyond year and day of raising of the summons; albeit the same was executed within the year; because the common stile runs to compear at Edinburgh, the day of next to come, which argues that the first day of compearance at least should be cast within the year.
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