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Scottish Court of Session Decisions >>
M'Dougal v M'Dougal. [1739] Mor 11273 (30 November 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor2711273-441.html
What diligence sufficient. - Effect of partial interruption.
M'Dougal v. M'Dougal
Date: 30 November 1739 Case No. No 441.
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A Summons executed interrupts prescription, though it never be called, for it is the citation itself that interrupts: So the laws suppose that appoint citations for interruption to be registered. But it was here found, that a citation on a blank summons, which, till of late was in use, was no interruption.
Fol. Dic. v. 4. p. 112. Kilkeran, (Prescription.) No 4. p. 41.5.
