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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Archibald Nisbet v M'Lelland, &c. [1686] Mor 3696 (00 January 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor0903696-021.html
Cite as: [1686] Mor 3696

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[1686] Mor 3696      

Subject_1 EXECUTION.
Subject_2 DIVISION II.

Where Parties must be Cited, and Execution done.
Subject_3 SECT. I.

Execution against a Party within the Kingdom, must be personally, or at his dwelling-place.

Mr Archibald Nisbet
v.
M'Lelland, &c

1686. January.
Case No. No 21.

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Found, that the first summons being executed at Mr Archibald Nisbet's writing-chamber, and a copy delivered to his servant there, the execution was null and contrary to the act, though he had got the second summons personally apprehended. Here the writing chamber was not contiguous to the house.

Fol. Dic. v. 1. p. 259. Harcarse, (Summons.) No 916. p. 258.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor0903696-021.html