Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 19 December 1679
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It was queried if a decreet of transferring must be extracted before you be obliged to debate in the process transferred; or if the minute and signature, bearing that there is a decreet pronounced, be sufficient, and will be warrant enough for proceeding in the principal cause. In rigore juris it should have been extracted: however, it was casus judicis arbitrarius, until the Lords of Session about this time, by their Act, ordained all decreets of transferring to be extracted, before they can proceed in the old cause; for the President's son, Mr James, is now a clerk, to whose advantage it is calculated.
