Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION 1976.
John Findlay, Waiter in Leith, v. Thomas Robertson, late Treasurer in Edinburgh
Date: 8 November 1676
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Findlay having charged the said Thomas upon a decreet of the Sheriffs of Edinburgh for L.172, contained in a subscribed account, it was suspended on this reason, That the truth of the account, and articles thereof, being referred to Thomas his oath, his procurator, without his knowledge, had taken a day to produce him, and not being advertised, the term was circumduced, and he holden as confessed, and decreet given against him; whereas he in manner foresaid purged his contumacy, offered to refund to the charger the expenses of the decreet, condescended on the exorbitancy of sundry of the articles, and craved to be reponed to his oath.
Strathuird inclined to repone him, but they opponed the decreet, and no reasonable cause alleged to take off contumacy, such as sickness, absence forth of the town at that time, or the like; whereupon we deferred the truth and reasonableness of the articles of the count to the charger's own oath, who compearing, deponed the same were just and true: whereon Thomas Robertson agreed with him, and gave him his money. See the information apud me. Vide supra, December 1669, Semple and Walker, No. 6.
