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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Muir, Petitioner [1867] ScotLR 5_154 (9 January 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0154.html
Cite as: [1867] SLR 5_154, [1867] ScotLR 5_154
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SCOTTISH_SLR_Court_of_Session
Page: 154↓
Court of Session Inner House First Division.
Facts:
Circumstances in which Court authorised execution of summons by sheriff-officer.
George Walker Muir craved the Court to grant authority to have a summons executed in Mull by a sheriff-officer.
Brand (for him) stated that there was no messenger-at-arms in Mull, and that, if the summons had to be executed by a messenger-at-arms, it would be necessary to send one from Oban, where there was only one, or from Glasgow or Greenock. Owing to the difficulty of travelling in winter, a fortnight would probably be required for the messenger going to Mull and returning. That would be a great expense, and the delay would be prejudicial.
Lord President—We shall grant authority in this case; but it must not be understood to be a matter of course that all summonses to be executed in Mull are to be executed by a sheriff-officer. The application is rather granted in respect of the season of the year.
Solicitors: Agents for Petitioners— D. Crawford and J. Y. Guthrie, S.S.C.