Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FORM OF PROCESS.

Miss Bruce
v.
Carstairs

Date: 15 December 1773

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A Party who compears in process, and propones peremptory defences, cannot withdraw his appearance: any decreet pronounced against him is understood to be a decreet in foro. See regulations 1672. The point occurred in the case betwixt Miss Bruce of Arnot and Mr Bruce Carstairs. At giving expenses, by the Ordinary, the procurators for Mr Carstairs were absent, neither did they represent within the representing days. But they represented after these days were run; whereupon Lord Kaims, Ordinary, recalled his decerniture for expenses, holding it to be a decreet in absence. But the Lords were of a different opinion, and held it to be a decreet in foro, (I5th December 1773.) At the same time, though they held the decreet fast in point of form, yet they modified the quantum of the expenses very low, (for these had not been modified by the Ordinary;) being convinced that the Ordinary ought not to have given any.