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William Gordon and his Factor v Thomas Stewart. [1694] 4 Brn 170 (13 June 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040170-0389.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Gordon and his Factor v. Thomas Stewart
Date: 13 June 1694
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Alleged,—No process; because it is called and tabled on the day of compearance; and he cited Sir Thomas Hope's Form of Process. Answered,—You passed from this, by seeing and returning the process; and the most this can amount to is to get a new sight. The Lords considering this dilator was only proponed to annul the citation, that an arrestment, laid on pendente lite, might fall in consequence; therefore they repelled it.