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Scottish Court of Session Decisions >>
Sharp v Robson. [1791] Mor 3721 (9 June 1791)
URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor0903721-055.html Cite as:
[1791] Mor 3721
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Robson objected to the execution of a summons against him, that though he was resident in Scotland at the date of the libelling and signeting the summons, and had a dwelling house in Langholm, he had left the country some months before its execution, and took a house animo remanendi at Newcastle, where he had ever since resided. He admitted, that his children still occupied two rooms in his former house at Langholm, but it was only as being boarded there; and, on these grounds he contended, that the summons being executed at Langholm, and he cited on the usual induciæ, instead of being executed at pier and shore on sixty and fifteen days, the same was therefore null. The Lords allowed a proof of the facts alleged, being clearly of opinion, that, if proved, the execution was irregular. See Appendix.
