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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Sutherland v The Earls of Argyle, Crawford, Errol, and Marishall. [1693] 4 Brn 89 (14 November 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040089-0211.html

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[1693] 4 Brn 89      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

The Earl of Sutherland
v.
The Earls of Argyle, Crawford, Errol, and Marishall

Date: 14 November 1693

Click here to view a pdf copy of this documet : PDF Copy

The Earl of Sutherland, upon a remit of Parliament, craves, that the Earls of Argyle, Crawford, Errol, and Marishall, competing with him for precedency, may presently answer. They alleged, That the bill was not remitted, but only the action and cause; which necessarily presupposed the raising a summons and citation in common form.

The Lords having considered the remit, they found the Parliament had only dispensed with the order of the roll, but not with the preliminaries and formalities of process; and therefore, that the defenders behoved to be cited. But some thought their answering on this bill a material compearance.

Vol. I. Page 569.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040089-0211.html