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Scottish Court of Session Decisions
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett, Lord Monoboddo .
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[Fac. Col. No. 120; and Kilk. eodem die.]
Found, upon report of Lord Huntington, then Lord Probationer, that, a defender being called before the sheriff-court, and dying during the dependance of the process, his heir, living out of the shire, might be called by letters of supplement though a principal defender ; but to this effect, and no other, that the process might be advocated to the Court of Session and there carried on; for they were of opinion that a principal defender could not be called by letters of supplement to the effect of the process going on before the inferior court; and yet they thought, without letters of supplement, the process could not be advocated, for want of a defender in the field.
N. B. They did not determine whether it would not be necessary to raise a summons of transference in this Court; but I apprehend it would be necessary.
The electronic version of the text was provided by the Scottish Council of Law Reporting