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Scottish Court of Session Decisions >>
Burgesses of Rutherglen v Provost Leitch. [1747] Mor 3781 (8 July 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor0903781-135.html Cite as:
[1747] Mor 3781
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IX.
Denunciation upon a Horning. - Execution against a Body-corporate.
Burgesses of Rutherglen v. Provost Leitch
Date: 8 July 1747 Case No. No 135.
A summary complaint against Magistrates of a burgh, was cast, in respect the whole names of the pursuers and defenders were not insert in the executions.
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A petition and complaint being given in against the procedure of the Provost of Rutherglen, and others, in taking a poll of the unincorporated burgesses, for chusing eight persons, out of whom four were to be chosen by the Council, to be upon the Council for the current year, in virtue of a warrant of the Lords, as the election of eight made at Michaelmas had been set aside; it was objected, No process could be sustained, in respect the whole names of the pursuers and defenders were not insert in the executions, in terms of the act 6th, Parl. 1672.
Answered, The act regards only summons, not summar complaints.
The Lords, 4th instant, ‘repelled the objection.’
Pleaded in a reclaiming bill, This objection was sustained in the case of a summar complaint, 20th January last, Councillors of Inverkeithing against Mr John Cunningham*.
The Lords refused the bill.
N. B. An act was extracted before presenting the petition.
