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Scottish Court of Session Decisions >>
Pitcairn v More. [1680] Mor 647 (2 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor0200647-045.html Cite as:
[1680] Mor 647
Subject_1 ARBITRATION. Subject_2 Formalities of the Deed of Submission and Decree-Arbitral.
Pitcairn v. More
Date: 2 December 1680 Case No. No 45.
A decree-arbitral found null, subscribed after the submission was expired, though pronounced within the time.
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Mr David Pitcairn pursues reduction of a decreet-arbitral, on this reason, That it was ultra vires compromissi, not being perfected by writ, till the time of the submission was expired.—It was answered for the defender, That albeit the extension of the decreet was after that time, yet there was a minute of it pronounced to the parties before that time.—It was replied, That the minute was not subscribed before the day.
The Lords found the decreet-arbitral null; because neither it, nor the minute, was subscribed within the day prefixed for that effect.
