You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Agnes Colquhoun, Lady Montboddo v The Laird and Lady Newmains. [1713] Mor 11984 (23 June 1713)
URL: http://www.bailii.org/scot/cases/ScotCS/1713/Mor2811984-035.html
Agnes Colquhoun, Lady Montboddo v. The Laird and Lady Newmains
Date: 23 June 1713 Case No. No 35.
A person who inserted in a summons days of compearance that fell within the Christmas vacation, allowed to amend the wrong days filled up.
Click here to view a pdf copy of this documet : PDF Copy
In a process of mails and duties, count, reckoning and payment, at the instance of the Lady Montboddo against Newmains and his Lady; the pursuers having inserted the first and tenth days of January last, which fell within the Christmas vacation, for the days of compearance in her summons; the Lords refused to cast the process upon that head, but allowed the wrong days filled up to be amended. Albeit it was alleged for the defenders, That such a favour used only to be indulged, when a summons given out blank in the days is filled up by the adverse party with wrong or unlawful days.
