Scottish Court of Session Decisions

Subject_1 LITIGIOUS.
Subject_2 DIVISION I.

Litigious by Process.
Subject_3 SECT. II.

Can Executions be Amended after being produced in Process? - Executions of Legal Diligence after Registration.

Earl of Argyle
v.
George Campbell

Date: 25 January 1667
Case No. No 12.

Execution allowed to be amended at the bar, the pursuer abiding by it.

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The Earl of Argyle insisting in the removing against George Campbell, it was alleged no removing, because the warning was null, not bearing to have been read at the kirk door, either at the time divine service uses to be, or at least before noon.—It was answered, That the warning bore that the same was affixed on the kirk door, and lawfully intimated there, which does import the lawful time of the day. 2dly, The pursuer offered to mend the execution at the bar, and abide by it as so done.—It was answered, That the defender accepted the executions, as produced, after which they could not be amended, and that lawfully could not supply that speciality; otherwise, if the warning had only borne that the officer had warned the party lawfully, it would have been enough.

The Lords admitted the pursuer to amend the execution, he biding thereby, and ordained the defender to see the same.

Fol. Dic. v. 1. p. 552. Stair, v. 1. p. 431.