Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1747/Brn050747-0921.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Election Process of Wick. [1747] 5 Brn 747 (14 January 1747) URL: http://www.bailii.org/scot/cases/ScotCS/1747/Brn050747-0921.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Date: Election Process of Wick
14 January 1747 Click here to view a pdf copy of this documet : PDF Copy
In this case, it was decided, That a dilatory exception, such as this, that one of the defenders was not cited at his dwelling-house, or, what the Lords thought the same thing, the place of his ordinary residence, as the summons bore, (which, in effect, was an improbation of the execution,) unless instantly verified, could only be proponed sub periculo causæ. This doctrine was founded on the authority of Lord Stair and the nature of the thing; for, otherwise, processes would be endless, if the defender were allowed to go on and demand, first, a proof of one dilatory defence, and then of another.
The electronic version of the text was provided by the Scottish Council of Law Reporting