A summons, whereof the first diet was not 21 days from the execution, tho' the second was more than 27, was not sustained.
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John Cuming, eldest son to Alexander Cuming, writer in Duthill, pursued William Grant of Glinbeg, for L. 1000 Scots, contained in a bond granted to the said Alexander and his heirs-male.
Objected, No process, in respect the first diet in the summons was not twenty-one days after the execution.
Answered, Whatever the necessity was formerly, when there were two executions, it seemed sufficient now, if the defender had twenty-seven days; and the second diet indulged him in this case with a longer time.
The Lord Ordinary, 13th June, “found no process.”
The Lords refused a bill, and adhered.
Pet A. Pringle.
Fol. Dic. v. 4. p. 146. D. Falconer, v. 2. No 210. p. 252.
