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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> North of Scotland Bank v. Harrison [1891] ScotLR 28_317 (27 January 1891)
URL: http://www.bailii.org/scot/cases/ScotCS/1891/28SLR0317.html
Cite as: [1891] ScotLR 28_317, [1891] SLR 28_317
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SCOTTISH_SLR_Court_of_Session
Page: 317↓
Court of Session Inner House First Division.
v.
Facts:
The North of Scotland Bank stated that they held a decree of removing against John Harrison, merchant in Lerwick, and his wife, Mrs Andrina Bruce or Harrison, and that the said decree contained a finding for expenses upon which they desired to charge the defenders. They further stated that there were no messengers-at-arms resident either in Orkney or Shetland, and that the nearest was at Wick, a distance of 150 miles from the defenders' residence. Under the Court of Session Act 1868, sec. 19, a sheriff-officer was authorised to execute a summons but not diligence. The petitioner prayed for authority to the sheriff officer to charge the defenders, and the Court, following the authority of Schweitzer, Oct. 27, 1868, 7 Macph. 24, granted the prayer of the petition.
Counsel for the Petitioner— Ure. Agent— Alex. Morison, S.S.C.