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Scottish Court of Session Decisions >>
Moir v Morison. [1775] Mor 10495 (17 November 1775)
URL: http://www.bailii.org/scot/cases/ScotCS/1775/Mor2510495-016.html Cite as:
[1775] Mor 10495
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In this case, the following judgment was pronounced: “In respect that the charger, notwithstanding he has repeated the act of Parliament 1698 in his libel, has concluded nothing against the suspender thereupon, but only for his actual cutting of the trees libelled; and that the interlocutor of the Sheriff allowing the proof was in the same terms; the Lords find, that the charger having failed in his proof that the suspender did cut the trees libelled, is not now at liberty to amend his libel, and to insist for the penalty contained in the acts of Parliament, and therefore suspend the letters simpliciter,”
Act. Jo. Graham.Alt. M'Laurin.Clerk, Pringle.
Fac. Col. No 197. p. 134.
