Decree pronounced by an Incompetent Court. - Prorogatio de loco in locum. - Decree pronounced in vacation time, how Prorogated?
A v. B
Date: 17 March 1628 Case No. No 18.
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If a party compear once before a Commissary and propone defences, although he be absent when sentence is pronounced, and so the decreet given for not compearance, yet he cannot be holden thereafter to reduce that decreet, or allege the same to be null, as given non suo judice, for upon matter not consistorial, seeing he once compeared and omitted this defence.
