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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Grant v Marshall and Stewart. [1776] 5 Brn 456 (11 December 1776)
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Cite as: [1776] 5 Brn 456
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[1776] 5 Brn 456
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 FORM OF PROCESS.
Date: John Grant
v.
Marshall and Stewart
11 December 1776 Click here to view a pdf copy of this documet : PDF Copy
Jean M'Ewan obtained decreet, finding the letters orderly proceeded against John Grant, junior, writer, upon the 17th of July 1776; to which the Ordinary, Lord Monboddo, adhered, on advising a representation and answers, 2d August 1776. The 2d of August 1776 was a Friday; on that day it was put up in the Minute Book, in terms of the Act of Sederunt, 6th February 1748; and it was extracted on the Wednesday thereafter, being the 7th of August 1776: Grant gave in a complaint, that it was extracted irregularly and precipitately; but the Lords (11th December 1776,) dismissed the complaint, and found Grant liable in expenses. The three days mentioned in the Act of Sederunt are, by practice, understood to be lawful natural days; so that Saturday the 3d, Monday the 5th, and Tuesday the 6th of August counted; and the decreet was not extracted till the Wednesday.
It makes no difference whether there were answers to the representation or not, 29th July 1777. Swinton against Currie.
The electronic version of the text was provided by the Scottish Council of Law Reporting