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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gilkie v Farquharson. [1776] 5 Brn 605 (18 December 1776) URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050605-0730.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 SUMMARY APPLICATION.
Date: Gilkie
v.
Farquharson
18 December 1776 Click here to view a pdf copy of this documet : PDF Copy
Gilkie gave in a complaint, setting forth that Farquharson, writer, having obtained a suspension and liberation against him, at the instance of his client, MacDonald, the same had been executed against him by a messenger, at Farquharson's instigation, while the suspension lay in the signet, being hypothecated for payment of the signet dues. But he craved only service against Farquharson, and not against the messenger. The Lords thought he had mistaken his party, and that he ought to have craved service against the messenger: “ In respect therefore, that he had not done so, they refused to grant warrant for service.”
Had he done so, they would have granted warrant for serving it against both.
The electronic version of the text was provided by the Scottish Council of Law Reporting
