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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Turner v Johnstone. [1776] 5 Brn 375 (17 July 1776)
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Cite as: [1776] 5 Brn 375
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[1776] 5 Brn 375
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Date: Turner
v.
Johnstone
17 July 1776 Click here to view a pdf copy of this documet : PDF Copy
ADVOCATION
It is no doubt true, that an advocation is not competent, after extract; yet, this day, where the Bailies of Glasgow had pronounced an iniquous interlocutor, against which a remedy was provided, by a remit with an instruction on a bill of advocation; but which instruction the inferior court having in part disregarded, a new bill of advocation was presented; but, before this new bill could be intimated, the decreet was extracted; and, as was alleged, in a precipitate manner, without allowing a Court day to intervene betwixt the decree and the sentence, conform to custom:—The Lords therefore, in this case, notwithstanding the extracted decreet, remitted to the Ordinary to pass the bill of advocation.
The electronic version of the text was provided by the Scottish Council of Law Reporting