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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Election of Brechin. [1741] 1 Elchies 73 (6 February 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010073-015.html |
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Subject_1 BURGH ROYAL.
Election of Brechin
1741 ,Feb. 6 .
Case No.No. 15.
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The Lords found, 1st, that no new execution could be received. They repelled the other no-processes that the defenders were not designed, and that the execution bore at the dwelling houses, and not in, though it was delivered to the servants. But they sustained the objection, that the execution did not specify where the dwelling houses were. But they found that it can be amended, contrary to a decision I marked 23d July 1734.
In this last Arniston did not vote, but did vote in the rest on the side of the majority.— (N. B. Dun did not vote in any of the points.) They superceded another objection, that the persons who got the copies were not servants to the parties, till the messenger amend his execution.—6th February Adhered, and found the Deacon, not being a member of Council, need not be called.—(21st January.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
