Agnes Colquhoun, Lady Montboddo v. The Laird and Lady Newmains
Date: 23 June 1713 Case No. No 35.
A person who inserted in a summons days of compearance that fell within the Christmas vacation, allowed to amend the wrong days filled up.
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In a process of mails and duties, count, reckoning and payment, at the instance of the Lady Montboddo against Newmains and his Lady; the pursuers having inserted the first and tenth days of January last, which fell within the Christmas vacation, for the days of compearance in her summons; the Lords refused to cast the process upon that head, but allowed the wrong days filled up to be amended. Albeit it was alleged for the defenders, That such a favour used only to be indulged, when a summons given out blank in the days is filled up by the adverse party with wrong or unlawful days.
