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Scottish Court of Session Decisions >>
James Alexander of Kinglassie v - [1681] 3 Brn 394 (11 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030394-0547.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Alexander of Kinglassie v. -
Date: 11 February 1681
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Castlehill found the messenger's execution on the summons null; because, though it bore “my stamp is affixed,” yet there was no stamp appearing there though recently done; and he affirmed the Lords had done the like ofttimes. I think the want of the stamp a nullity in executions of diligence, such as hornings, inhibitions, denunciations of apprisings, &c. but in citations on summons it is juris strictissimi to make it a nullity. However, Mr James took up his execution, and offered to make the messenger affix his stamp against the next day, and to abide at it.
Yet in Cardross's case against Sir John Maitland, (22d January 1681,) the Lords refused to allow the messenger to amend it, not being so ab initio. See Culross's Pract. in 1579, Sinclair.
