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Scottish Court of Session Decisions >>
Gordon of Troquin and Neilson of Corsack, Petitioners. [1741] Mor 634 (16 July 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor0200634-019.html Cite as:
[1741] Mor 634
Subject_1 ARBITRATION. Subject_2 Summoning of Witnesses.
Gordon of Troquin and Neilson of Corsack, Petitioners
Date: 16 July 1741 Case No. No 19.
Diligence to cite witnesses to appear before arbiters, limited to the shire.
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The Lords never grant diligence to cite witnesses from a different shire, to appear before arbiters, but only to cite such to appear before them as live in the same shire; and as to such as live in any other shire to appear before any commissioner to be named by the arbiters, and that within the shire in which the witnesses live; and in these terms granted deligence in this case.
Fol. Dic. v. 3. p. 35. Kilkerran, (Arbitration.) No p. 34.
