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Scottish Court of Session Decisions >>
The Countess of Cassils v The Earl of Roxburgh. [1679] 3 Brn 315 (19 December 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030315-0405.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Countess of Cassils v. The Earl of Roxburgh
Date: 19 December 1679
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In an action betwixt the Countess of Cassils and the Earl of Roxburgh, an arrestment was quarrelled as null, because it was not personally done, and yet bore not six several knocks to be given at the most patent door.
Some alleged these knocks were required in citations, but not in arrestments. It was answered,—They offered to prove a copy was left with his wife. Which (though the execution bore not,) the Lords sustained it as sufficient to maintain the arrestment, though it wanted the six knocks; since a citation given to one's wife is almost personal, and will very readily come to his knowledge.
