Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Alexander Brebner
v.
Wilson

1752, July 2.
Case No. No. 44.

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I had found an adjudication on a decreet cognitionis causa null, for that it was pronounced before the decreet cognitionis causa was extracted, though it was extracted before the adjudication was extracted, and on a representation, and after advising with the Lords, had adhered; and this day the Lords adhered, nem. con. and refused a bill without answers. —N. B. I asked John White, the Under-Clerk, what was the practice? and he told me it was agreeable to my interlocutor. But the President thought the practice of inserting the libel of constitution on charges to enter heir and cognitionis causa, and then, after that is extracted, another Ordinary decerning in the adjudication on the same summons, was all erroneous, and that in law all these adjudications were void and null.