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The pursuer thereafter brought the present process of reduction of the poinding proceedings at the instance of the defenders, upon the grounds, inter alia,
The process of multiplepoinding was afterwards advocated ob contingentiam, and conjoined with the reduction, in which process there was no conclusion to set aside the multiplepoinding.
On the 3d of July 1838, the Lord Ordinary pronounced the following interlocutor:
In point of strict law it is notorious that many other statutory formalities may be waived. The induciæ of summonses—the serving of copies of summonses and diligences—are every day dispensed with in practice; and it would seem very hard, in reference to the interest both of debtors and creditors, to lay it down that formalities of greater or less importance enacted by statute may not be waived, in order to abridge procedure and expense, and bring the debtor's estate more speedily into division among his creditors.
Lastly , The Lord Ordinary has attended particularly to the allegation of the pursuer in Art. 22. of the condescendence, that the publications were insufficient to insure a fair competition and sale, and that his effects were sold at prices very much below their value in the market .’
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Common Room
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