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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> In the Petition and Complaint of Francis Fraser, Sheriff-officer v James Macrae of Houstown. [1766] Hailes 836 (25 June 1779) URL: http://www.bailii.org/scot/cases/ScotCS/1766/Hailes020836-0518.html Cite as: [1766] Hailes 836 |
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[1766] Hailes 836
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SUMMARY APPLICATION.
Date: In the Petition and Complaint of Francis Fraser, Sheriff-officer
v.
James Macrae of Houstown
25 June 1779 Click here to view a pdf copy of this documet : PDF Copy
The Lords found the complaint incompetent in this summary manner, and they were of opinion, that there ought to have been an action, which, by act of Parliament, would have been tried summarily; and that there is a material distinction between a summary action and a summary complaint: That, as there was here an alleged contempt of the Sheriff's authority, the application ought to have been made to that court which was said to have been contemned.
For the complainer, George Ferguson.
The electronic version of the text was provided by the Scottish Council of Law Reporting