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Scottish Court of Session Decisions >>
M'Dougal v Prior of Ardchattan. [1623] Mor 12180 (10 January 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor2912180-321.html
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In a suspension raised by M'Dougal against the Prior of Ardchattan, the Lords would not sustain the charges raised upon a decreet of the Commissary of Bute, because the decreet was subscribed by the Commissary in absence of his clerk, for the Lords would not allow of such extracts, subscribed and extracted by the Judge; albeit the clerk of that judgment was absent for the time; seeing the office of the judge and clerk are distinct offices, and cannot be supplied the one by the other, and for that the clerk, if he had a necessary cause of absence, ought to depute, and supply his place, which cannot be supplied by the Judge.
Act. Prymrose.Alt. Mouat.Clerk, Gibson.
Fol. Dic. v. 2. p. 203. Durie, p. 41.
