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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Baillie v Mrs Jean Ross. [1766] Hailes 176 (17 December 1766)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Hailes010176-0056.html
Cite as: [1766] Hailes 176
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[1766] Hailes 176
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PROCESS, - FORTHCOMING.
Subject_3 A Decreet of forthcoming was reduced, because the circumduction of the term against the arrestee proceeded on an Act and Commission, in which the blanks were not filled up, and was obtained when the process was asleep.
Date: George Baillie
v.
Mrs Jean Ross
17 December 1766 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IV. 85; Dictionary, 12, 210.]
Justice-Clerk. If this were to be held a decreet in foro, no man, however rich, could be sure of leaving a sixpence to his family.
Coalston. This is a decreet in foro, because a lawyer appeared, and his gown is his warrant. Lawyers and agents ought to be cautious how they appear: but here two plain nullities appear in the decreet. 1st, The commissioner left blank, and no judge-ordinary substituted. 2d, Circumduction taken when the process was sleeping. The Act of Parliament occasioned by the surcease of justice has no place here.
Auchinleck. We have good nullities, and therefore I am for sustaining them.
President. This is a catch altogether. A single appearance of a lawyer taking a day without making a defence, certainly does not imply a decreet in foro.
The Lords sustained the reasons of reduction and defences, found expenses due, and modified them to L.12: 12s.
The electronic version of the text was provided by the Scottish Council of Law Reporting