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There being a contract betwixt two bakers in the Canongate, to make use of an oven, still kept hot for both their uses, the one pursues the other, as desisting, and obtained decreet before the Bailies of the Canongate for L. 36 of damage, which being suspended, it was alleged ipso jure null, as having compearance, mentioning defences, replies, &c., and yet expressing none; but refers the defender's action to the pursuer's probation by witnesses, who now offered to prove positively, that he continued in doing his part.
The Lords would not sustain this visible nullity without reduction, though in re minima inter pauperes, for preserving of form.
