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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown, Petitioner [1870] ScotLR 7_643 (15 July 1870) URL: http://www.bailii.org/scot/cases/ScotCS/1870/07SLR0643.html Cite as: [1870] SLR 7_643, [1870] ScotLR 7_643 |
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Page: 643↓
Clerical error in messenger's execution of a citation allowed to be amended.
James Brown having presented a petition for the custody of his children, the Court pronounced an interlocutor ordering the requisite intimation. A certified copy of this interlocutor was written on the petition by the Assistant Clerk of Court. The messenger's execution was on the third page of the petition, and referred to it, but omitted to state that the citation proceeded in virtue of the deliverance of the Court.
Grant, for the petitioner, maintained that, this being a clerical error, made per incuriam, and not affecting the citation itself, amendment should be allowed.
The Court allowed the amendment, as the blunder was not in the body of the deed, but was a clerical error in the description of the warrant.
Agent— James Barton, S.S.C.