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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clerk v Brown. [1624] 1 Brn 17 (17 June 1624) URL: http://www.bailii.org/scot/cases/ScotCS/1624/Brn010017-0035.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Clerk
v.
Brown
17 June 1624 Click here to view a pdf copy of this documet : PDF Copy
The Lords are in use to find decreets null, which are given by any inferior judges upon the defender's confession and consent, where the said confession and consent is not warranted by the subscription of him who gives the same, extant in the process: and find the assertion of the clerk, or his minute in the process, not authorized with the party's subscription, no warrant to pronounce decreet thereupon; except that the said confession proceed and be made after citation made to the defender to compear to give his oath of verity, before the judge, upon the libel and claim, the same being referred to his oath; and the term circumduced. Which was found this day in the action betwixt Clerk against Brown, and of before in the action betwixt Doctor Jelly and John Ury.
Page 129.
The electronic version of the text was provided by the Scottish Council of Law Reporting
