Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Lauder
v.
James Mowat

Date: 9 July 1628

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In a suspension, Lauder against James Mowat, the said James being sheriff-clerk of Berwick, was charged by the said Lauder to extract a decreet obtained in the court of the sheriffdom; and the clerk suspending upon this reason, that there was never such a decreet, and producing the process to verify the same, no minute of any sentence was to be found in any part of the process; and the charger producing the Laird of Eistnisbet, who was sheriff for the time, his letter to verify that he had pronounced that decreet, and which letter bore the same;—the Lords, notwithstanding of the sheriff's writ proporting that there was a decreet pronounced and given by him, suspended the letters simpliciter, in respect of the said process, which had no such warrant, and that the clerk in his office ought to have greater faith with the process than the assertion of the judge, cui non creditur nisi quantum constat ex actis.

Act. Dunlop. Alt. Mowat. Hay, Clerk.

Page 385.