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Scottish Court of Session Decisions >>
M'Kean, &c. v - . [1694] Mor 3784 (19 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor0903784-140.html Cite as:
[1694] Mor 3784
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. X.
Executions which require not the Ordinary Solemnities. - Form of arresting a Ship. - Verbal Citation.
M'Kean, &c v. -
Date: 19 July 1694 Case No. No 140.
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Halton reported the case of M'Kean, &c. about a decreet of the Sheriff of Ayr, which was quarrelled on this nullity, that he was not cited, and that there was no execution in writ; and the decreet itself bore, that the sheriff-officer only verified his verbal execution in face of court. The Lords turned the decreet into a libel; for though of old, when writing was not so frequent, verbal citations were allowed, (as they are to this day in Baron-courts), yet now, since almost every body are taught to read and write, and that the late acts of Parl. 1681 and 1693 require subscribing witnesses to executions of messengers, such verbal citations cannot be sustained.
Fol. Dic. v. 1. p. 271. Fountainhall, v. 1. p. 634.
