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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Intosh Petitioner [1870] ScotLR 8_50 (1 November 1870)
URL: http://www.bailii.org/scot/cases/ScotCS/1870/08SLR0050.html
Cite as: [1870] ScotLR 8_50, [1870] SLR 8_50
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SCOTTISH_SLR_Court_of_Session
Page: 50↓
Court of Session Inner House First Division.
Facts:
The Messenger's execution of service of this petition bore that he had “passed and in Her Majesty's name and authority,” &c. Whereas the fact was, that his warrant was only an order or interlocutor of this Court.
The Court commented on the irregularity, but they allowed the execution to stand, on the ground that the real warrant was properly set forth, and that it was more or less true that the Messenger did “pass in Her Majesty's name and authority,” as he was a Messenger-at-Arms, and acted under the authority of this Court, to which Her Majesty's was delegated.