Service made by an officer of Court, of a writ requiring appearance. In actions, fourteen days must elapse between the citation, when given personally or at the dwelling-house, and the day for entering appearance. This period is called the induciæ. When the party to be cited is abroad, he must be cited edictally, i.e., by notice in a register kept for the purpose and published periodically, called the Register of Edictal Citations. No judge's order is required for this, and on the elapse of the induciæ, which in this case are twenty-one days, the case proceeds as if personal service had been effected.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Citation |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Campbells v. Macneil | 1798 | Debt, Prescription, Execution, Bankruptcy, Oath, Citation | Colin Campbell and Duncan Campbell junior, as trustees on the sequestrated estate of Alexander M'Corquodale, pursued John Macneil of Gigha to alter an interlocutor of Lord Armadale regarding an account libelled against him. Macneil answered, pleading that the account was prescribed and the execution false. The parties thereafter debated the proper interpretation of Macneil's oath and the validity of the citation. |
| Fraser, Reid and Sons v. Lancaster and Jamieson | 1793 | Arrestment, Bill of Exchange, Diligence, Citation, Horning, Statute | Fraser, Reid and Sons claimed preferential rights to goods held in Coats’s custody, asserting priority based on protested bills for specific cargoes and challenging arrestments later laid by Lancaster and Jamieson. The defenders lodged duplies disputing the validity of the arrestments and the question of preference, responding to the pursuers’ replies. |
| Janet Calder v. John Wood | 1798 | Citation, Interlocutor, Aliment, Arrestment, Mala Fides, Witness | John Wood, defender, sought review of interlocutors rejecting his advocation bill in an action brought by Janet Calder, contending that the citation had been defective because it was left at a lodging house he no longer occupied. Based on the single document cataloged for this case. |
| Maxwell v. Lord Swinton's Interlocutor | 1789 | Arrestment, Action, Sequestration, Creditor, Mala Fides, Citation | Charles Maxwell-Campbell petitioned the Court of Session to alter an interlocutor issued by Lord Swinton. Based on the single document cataloged for this case. |
| Shepherd v. Lord Swinton's Interlocutor | 1787 | Arrestment, Interlocutor, Cautioner, Debt, Sequestration, Citation | James Shepherd petitioned the Court to remit the Lord Ordinary's interlocutors pronounced against him. Based on the single document cataloged for this case. |
| Shiells v. Lord Duncan's Interlocutor | 1788 | Suspension, Reduction, Citation, Interlocutor, Caution, Exhibition | Shiells, as petitioners, challenged Lord Dunfinnan’s interlocutor, arguing that a suspender could proceed as pursuer without awaiting the charger’s mora and that a late protestation could not invalidate prior steps. Based on the single document cataloged for this case. |
| Simpson v. Malcolm | 1793 | Debt, Interlocutor, Aliment, Creditor, Partnership, Citation | Captain William Simpson of Brunton pursued John Malcolm, butcher in Dunnikier, in a dispute involving allegations of partnership and challenges to interlocutory orders. Simpson petitioned to overturn Lord Dreghorn's interlocutor suspending the letters simpliciter, prompting Malcolm to answer and deny the partnership while citing procedural irregularities. Malcolm subsequently petitioned to alter the Inner-House interlocutor, to which Simpson replied by raising claims of prescription and improper citation. |
