Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.

Mr David Ramsay, W. S. as Factor for the Executors of the deceased John Kirkwood, servant to the Duke of Lauderdale,
v.
Alexander Gibson of Durie

Date: 1 February 1706

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In the action at the instance of Mr. David Ramsay, as factor foresaid, against Alexander Gibson of Durie, as representing the deceased John Gibson of Durie, for payment of a bond granted by him to the said John Kirkwood, the pursuer's constituent: no process was sustained; because the summons contained only a warrant to cite the defender on twenty days for the first diet, and not upon twenty-one days. Albeit it was alleged, for the pursuer, that there are more [than] twenty-one days from the date of the execution to the first diet of compearance as marked in the summons; so that the defender can pretend no prejudice. And a literal mistake of the writer of the summons may be helped, as the wrong filling up of the days of compearance is allowed to be helped at the bar, when the pursuer offers to abide by.

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