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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Ker v Bailie Riddel. [1683] Mor 5742 (00 March 1683) URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1405742-018.html Cite as: [1683] Mor 5742 |
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[1683] Mor 5742
Subject_1 HORNING.
Archibald Ker
v.
Bailie Riddel
1683 .March .
Case No.No 18.
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In the reduction of a horning upon this reason, That although the letters had been suspended as to a part of the charge, and found orderly proceeded for the remainder, yet the charger, after extracting of the decreet of suspension, denounced the suspender without giving him a new restricted charge,
Answered; There was no necessity of a new charge for the decerniture, the letters, and charge to be put to farther execution, which imports, that any preceding execution must stand.
The Lords repelled the reason of reduction, and assoilzied the defender from it.
The electronic version of the text was provided by the Scottish Council of Law Reporting