Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Younger Children of Alexander Guthrie, Supplicants

Date: 20 February 1741
Case No. No. 29.

Horning against superiors upon an adjudication in implement, will not pass without an abbreviate.

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Abbreviates are necessary now by the regulations 1696, upon adjudications in implement upon decreets cognitionis causa, as well as on adjudications introduced in place of apprising by the act 1672; and therefore horning against superiors was refused on such an adjudication without an abbreviate, me referente. The question first arose between the parties agent and Mr Inglis, depute-clerk of the bills, who stopt the bill of horning for want of the abbreviate: The constant style of the deliverance of these bills being, “Because the Lords have seen the decreet of adjudication and abbreviate thereof.” See the case of King, No. 35. (See Dict. No. 3. p. 204.)