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Subject_1 Sheriff Subject_2 Process Subject_3 Wakening Subject_4 Effect of no Procedure within Year and Day from Diet of Compearance on a Summons. Facts: Where a petition in a Sheriff Court was served, but no further procedure took place for more than a year and a day after the diet of compearance, held that the cause had never come into existence so as to be capable of being wakened.
Argued for respondent—This was an “action” in the sense of the Sheriff Court Act of 1876 (39 and 40 Vict. c. 70), sec. 49, and it could therefore be competently wakened.
The Court recalled the whole interlocutors in the Court below, sustained the first plea-in-law for the defender (appellant), and dismissed the action.
Counsel for Petitioner— Rhind . Agents— Begg & Murray , Solicitors .
Counsel for Respondent— Lorimer . Agents— Hamilton , Kinnear , & Beatson , W.S.
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Common Room
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