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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020498-0836.html

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[1670] 2 Brn 498      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

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Date: 21 July 1670

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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. Advocates' MS. No. 87, folio 83.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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