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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Note for Theodore Richard Schweitzer [1868] ScotLR 6_22 (27 October 1868)
URL: http://www.bailii.org/scot/cases/ScotCS/1868/06SLR0022.html
Cite as: [1868] ScotLR 6_22, [1868] SLR 6_22

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SCOTTISH_SLR_Court_of_Session

Page: 22

Court of Session Inner House Second Division.

Tuesday, October 27 1868.

6 SLR 22

Note for Theodore Richard Schweitzer.

Subject_1Diligence—Warrant to Arrest—Sheriff Office—Messerger-at-Arms.
Facts:

There being no messenger-at-arms to put a warrant of arrestment into execution, authority granted to a sheriff officer to execute the diligence.

Headnote:

This note stated that the petitioner had obtained decree against the Earl of Orkney for a certain sum, with power to arrest, and prayed for warrant to a sheriff-officer to put the warrant into execution. The note stated that there was no messenger-at-arms resident in Orkney. The nearest was at Caithness, which was at a considerable distance, and there might be considerable delay. Under the recent Act, a sheriff-officer might serve a summons but not a diligence. The Court granted the authority prayed for.

Judgment: Counsel:

Counsel for the Petitioner— Mr Pattison.

Agent— William Mason, S.S.C.

1868


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URL: http://www.bailii.org/scot/cases/ScotCS/1868/06SLR0022.html