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Scottish Court of Session Decisions >>
Gordon v Abernethy. [1773] Mor 8862 (3 March 1773)
URL: http://www.bailii.org/scot/cases/ScotCS/1773/Mor2108862-240.html Cite as:
[1773] Mor 8862
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION VI.
Summary Complaint to the Court of Session.
Subject_3 SECT. I.
Who must be called in a Summary Complaint. - Service of a Complaint. - To whom Competent. - Within what time Competent. - Whether a separate Complaint must be preferred by each Complainer.
Gordon v. Abernethy
Date: 3 March 1773 Case No. No 240.
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Complaint was moved in Court, on Saturday 23d January, and was then ordered to be served; but the interlocutor was not written out, nor signed by the Lord President, till Tuesday the 26th. It was objected, That the complaint could not proceed, because Monday the 25th was the last day of the four kalendar months. The Lords over-ruled the objection. The act of Parliament only requires the application to be made to the Court of Session within four months: It is of no consequence, that, through accident or hurry of business, the warrant is not signed till after that period.
