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Scottish Court of Session Decisions >>
Mr. Richard Sheriff v John Walker in Beinston. [1693] 4 Brn 52 (20 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040052-0120.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Richard Sheriff v. John Walker in Beinston
Date: 20 January 1693
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The Lords turned the decreet of the Sheriff of Haddington into a libel, in regard he proceeded after there was a bill of advocation presented, and the cause advocated, and appointed to be discussed upon the bill, and the bill taken up by the pursuer's advocates, and thus intimated to the Sheriff. Though neither the bill or the copy was produced to him, yet the Lords found he was in mala fide to proceed; especially seeing it is to be presumed the party was also advertised of this bill by his advocates. But in regard a probation was led by witnesses, and that it was hard to cause them repeat it over again, being expensive, and, besides, some of them might be dead, therefore they ordained the probation to be transmitted: 1mo, To see if it was taken before, or after the giving in of the bill of advocation; and, 2do, To allow the other to give in what objections he has against the same.
