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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Maxwel v Archbald Crichton. [1629] 1 Brn 167 (10 February 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: John Maxwel
v.
Archbald Crichton
10 February 1629 Click here to view a pdf copy of this documet : PDF Copy
John Maxwel, having obtained decreet, before the Earl of Nithisdale's baronbailie of Eskdale, against Archbald Crichton, did crave the Lords' decreet,
conform to the said decreet obtained in the baron court. Alleged, That the decreet in the baron court was null, because there was confusion of diets in it; the day of compearance, litiscontestation, and sentence, being all in one day. The Lords repelled the exception; for the formalities used in other judicatories are not used in baron courts, where it is proceeded more summarily, specially when the parties are compearing. Page 25.
The electronic version of the text was provided by the Scottish Council of Law Reporting