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Scottish Court of Session Decisions >>
James Livingston, Merchant in Edinburgh, v Robert and William Wood, and Fish. [1694] 4 Brn 161 (23 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040161-0372.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Livingston, Merchant in Edinburgh, v. Robert and William Wood, and Fish
Date: 23 February 1694
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The Lords found the certification null against Mr William; because, though, in the decreet, Mr William Beton compears as procurator for both William and Robert, the father and son, yet, by the warrant, it appears he only took a day for Robert; and, therefore, they reponed Mr William: for, though a certification be a most sacred tie, and one of the greatest securities of the lieges, with a decreet in foro, yet, if there be a nullity, it may be loosed. But it is 110 reason because it is in absence; for then one would never compear and produce, but let certification pass.
