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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - [1670] 2 Brn 498 (21 July 1670) URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020498-0836.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: -
v.
-
21 July 1670 Click here to view a pdf copy of this documet : PDF Copy
A Decreet being alleged to be intrinsically null, because it was given the time of vacance without a dispensation; it was answered, the decreet was good notwithstanding of that defect, because it was a decreet in foro given, the defender compearing therein, and proponing other objections, and noways objecting that; by which compearance he tacite past from these dilators.
This answer was found relevant; albeit it was replied, that a dispensation was pars judicis, and a thing the parties had no interest to take notice to.
Act. Falconer. Alt. Dinmuire.
The electronic version of the text was provided by the Scottish Council of Law Reporting