Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 DECREET-ARBITRAL.

David Naysmith
v.
Magistrates of Glasgow

Date: 20 July 1776

Click here to view a pdf copy of this documet : PDF Copy

Although, by the regulations 1695, all reasons of reduction of a decreet-arbitral founded on alleged iniquity, are excluded, yet an error calculi is not excluded; and therefore, this day, 20th July 1776, in a reduction of a decreet-arbitral pronounced on a submission between the Magistrates of Glasgow and David Nasmyth, mason in Glasgow, undertaker for building a breast-work on the Clyde, between the old and new bridge at Glasgow, wherein it was alleged by Nasmith, that the arbiters had proceeded upon a wrong measurement;—the Lords pronounced this interlocutor:— “Adhere to the Lord Ordinary's interlocutors so far as they find that the pursuer Nasmyth has not proved enmity, corruption, or falsehood against the arbiters; and so far as they find that it cannot be taken under consideration whether or not the decreet-arbitral is iniquous. But, as the pursuer alleges an error in the measure, which resolves into an error calculi; before further procedure, remit to to visit the work in question, and to report to this court the measurement thereof; after which they declare, that they will resume consideration of the cause.”