Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 INDUCIÆ LEGALES.

M'lean, Petitioner

Date: 18 June 1768

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In this case the Lords granted warrant to enrol a second adjudication, although the second diet was not run. It was to bring it within year and day of a first adjudication. The year was run, but not the day.

A summons, having been raised against a person furth of Scotland, was executed at market-cross of Edinburgh, pier and shore of Leith, and an arrestment raised and executed on the dependance. The pursuer, not adverting sufficiently to the induciæ, caused call the summons before the diets were run ; and, having enrolled it, he obtained decreet in absence, which went to the minute-book before the mistake was discovered. When discovered he enrolled the cause ; and having stated the fact to the Ordinary, [1ord Ankerville,) his Lordship, (18th February 1777,) recalled the decreet, and allowed the summons to be called of new,—so soon as the induciæ were run. The propriety of this procedure may be doubted.

A summons, having been raised against two persons, was called only against one of them, and, being enrolled, decreet was obtained. The mistake being discovered, and stated by Lord Stonefield to the Lords, they allowed the summons to be called against the other defender in common form, in order that he also might be proceeded against.