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[1671] 2 Brn 514      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Summonses

Date: 2 February 1671

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A summons must be executed within year and day after the same is raised, else that summons is null. Being executed, if year and day elapse without doing any thing thereon, the same is said to sleep, and we cannot insist upon it without it be again wakened; but a continuation of the summons, though ten years after the raising of the first summons, will be reputed equivalent to a wakening; as the Lords have oft found. See Haddington, 13th December, 1609, Boig against Home.

Advocates' MS. No. 121, folio 88.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020514-0868.html