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Scottish Court of Session Decisions >>
Mean v M'Neil. [1686] Mor 372 (24 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor0100372-014.html Cite as:
[1686] Mor 372
A party who had been reponed against a decree, and allowed time to give in defences, having advocated; this found irregular, and the cause remitted.
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Robert Mean, postmaster, gave in a bill against one M'Neil, bearing, that he was pursuing him, before the bailies of Edinburgh, for his house-mail; and, after he was decerned, he craved to be reponed; and the bailies having superseded extract for a time, that he might give in his defences, he, instead thereof, steals out an advocation, and produces it; which also contains an advocation of any removing Robert should pursue against him, though he was not yet warned.—The Lords found it irregular in both its parts, and therefore annulled the advocation as to the removing, and remitted the other action back to the bailies.
