Subject_1 ARBITRATION. Subject_2 Time of Endurance.
Mr John Johnston v. William Napier
Date: 6 July 1610 Case No. No 25.
A submission was sustained, where the judges were impowered to decide when they pleased, and the submission to endure as song as they chose.
Click here to view a pdf copy of this documet : PDF Copy
In an action of a reduction of a decreet arbitral, pursued by Mr John Johnston against William Napier, the Lords found, that a submission might be made to judges, with power to them to decide when they please, and the submission to endure as long as they will; and sicklike, albeit, the Lords, by their decreet, had ordained the judges to proceed secundum alligat:, anent probatum est; yet the Lords would otherways astrict the said judges thereto: And last, albeit there was a partial decreet given of before by the same judges, ordaining William Napier to pay a certain sum of money to Nicol Edward, who was party submitter, which was contrary to the last decreet, whereby William Napier was assoilzied from all the points of Nicol Edward's claim, and also Nicol decerned to pay, to the said William Napier, the sum of 4000 merks; yet the Lords sustained the said last decreet.
