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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Mawer
v.
Hadden
31 January 1629 Click here to view a pdf copy of this documet : PDF Copy
A decreet dated and given the 27th of December 1628, by the Provost and Bailies of Edinburgh, being desired to be reduced, because it was given in the time of Yule vacation, which was feriot, and wherein no judicial act ought to be done;—this reason was not sustained, but the decreet found well given, because the decreet was desired to be reduced by him who was pursuer of the cause wherein decreet was given; for, albeit absolvitor was given to the defender, by reason the pursuer failed in probation, yet, seeing the pursuer then insisted in his pursuit, the Lords found he could not reduce the same upon that reason, no more than the defender could, if sentence had been given against him compearing, and that no dilator had been alleged before the sentence.
Page 421.
The electronic version of the text was provided by the Scottish Council of Law Reporting