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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fraser v Dunbar [1835] CA 13_950a (18 June 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0950a.html Cite as: [1835] CA 13_950a |
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Page: 950↓
Subject_Process — Exhibition. —
1. Articles of a condescendence ordered to be struck out, as being beyond the terms of the summons; and, 2. Order granted against defender to allow inspection, at the sight of the sheriff, of the papers of a deceased party, whom he was alleged to represent.
In an action at the instance of Kenneth Fraser against Alexander Dunbar of Scrabster, in Caithness, as representing his deceased brother, James Dunbar, the Lord Ordinary ordered three articles of the pursuer's condescendence to be struck out of the record, as being beyond the terms of the summons, and refused, in the circumstances, an order on the defender to produce certain papers of the deceased, which were alleged to be in his possession, and to instruct the representation.
Fraser reclaimed, and
The Court adhered as to the irregular articles of the condescendence, but recalled as to the order for papers, and remitted to allow exhibition and inspection of the papers of the deceased, at the sight of the Sheriff of Cathness.
Solicitors: D. Manson, S.S.C.— A. Stevenson, S.S.C.—Agents.
