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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Note for Theodore Richard Schweitzer [1868] ScotLR 6_22 (27 October 1868)
URL: http://www.bailii.org/scot/cases/ScotCS/1868/06SLR0022.html
Cite as: [1868] SLR 6_22, [1868] ScotLR 6_22
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SCOTTISH_SLR_Court_of_Session
Page: 22↓
Court of Session Inner House Second Division.
Facts:
There being no messenger-at-arms to put a warrant of arrestment into execution, authority granted to a sheriff officer to execute the diligence.
This note stated that the petitioner had obtained decree against the Earl of Orkney for a certain sum, with power to arrest, and prayed for warrant to a sheriff-officer to put the warrant into execution. The note stated that there was no messenger-at-arms resident in Orkney. The nearest was at Caithness, which was at a considerable distance, and there might be considerable delay. Under the recent Act, a sheriff-officer might serve a summons but not a diligence. The Court granted the authority prayed for.
Counsel for the Petitioner— Mr Pattison.
Agent— William Mason, S.S.C.