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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Neill v. Campbell and Others (Sir John Campbell's Trustees) [1880] ScotLR 17_392_1 (20 February 1880)
URL: http://www.bailii.org/scot/cases/ScotCS/1880/17SLR0392_1.html
Cite as: [1880] SLR 17_392_1, [1880] ScotLR 17_392_1

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SCOTTISH_SLR_Court_of_Session

Page: 392

Court of Session Inner House First Division.

Friday, February 20. 1880.

17 SLR 392_1

M'Neill

v.

Campbell and Others (Sir John Campbell's Trustees).

Subject_1Process
Subject_2Proof
Subject_3Competency
Subject_4Diligence.
Facts:

In an action for reduction of a settlement on the ground of facility and circumvention, the Court (following the case of Livingstone v. Dinwoodie, June 28, 1860, 22 D. 1333) refused a diligence at the instance of the defenders to recover a diary containing entries by a body-servant of the testator with regard to his master's health and state of mind.

Counsel:

Counsel for Pursuers— Asher— D. Robertson. Agents— M'Neill & Sime, W.S.

Counsel for Defenders— Balfour— Mackintosh. Agents— Waddell & M'Intosh, S.S.C.

1880


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URL: http://www.bailii.org/scot/cases/ScotCS/1880/17SLR0392_1.html