The Representatives of James Smith, late Bailie in Tranent, v. Robert Semple of Fulwood
Date: 14 December 1711 Case No. No 341.
An advocate's compearing for a party, and making no defence, but declaring that he had nothing to object against the debt therein claimed, does not make a decree in foro.
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In the suspension of a charge of horning, upon a decreet of the Lords of Session, obtained by James Smith against Robert Semple, the Lords found, that an advocate's compearing for Fulwood in that decreet, and making no defence, but declaring that he had nothing to object against the debt therein claimed, did not make a decreet in foro; and therefore reponed the suspender against that decreet.
