Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Bell
v.
- -

Date: 16 December 1755

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In this case the Lords found, that a commission having been given, in writing, to a carpenter to repair a house, and to furnish every thing necessary for that purpose, his account did not fall under the triennial prescription, the debt being constituted by writing; dissent. Auchinleck, who thought it was dangerous that if a man should give a note to a merchant for certain things to be sent him, that should be a document of debt against him for forty years, especially as men were not in use, when they paid accounts, to get up such notes.

It was also decided in this case, that, if an interlocutor was founded in any mistake in point of fact, the party might be heard against it after the days of reclaiming were passed, and might get it amended in the very same process, without the necessity of a process of reduction.