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Crawford v Wood. [1624] Mor 3108 (17 June 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor0803108-026.html Cite as:
[1624] Mor 3108
Informal execution. - Term of entry. - Sentence-money.
Crawford v. Wood
Date: 17 June 1624 Case No. No 26.
A decree was found intrinsically null, without reduction, because the execution of citation wanted witnesses, although such executions were customary.
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In a suspension betwixt Crawford and Wood, the Lords found a decreet given by the Provost and Bailies of Edinburgh, which was suspended then, to be null summarily, without reduction; because the same was given against the suspender, as holden as confest, being summoned to give his oath by one of the town officers, and his execution having no witnesses, in respect whereof, that citation was found could not be sustained, and the decreet therefore was null; albeit it was alleged against the suspender, that the form within the burgh of Edinburgh, was, that executions made by their officers, were made without witnesses, and that the officers were sworn in judgment, upon the verity of their executions; which form the Lords would not allow, because thereby the ordinary mean of improbation, viz. by the witnesses, was taken away.
Clerk, Scot.
Fol. Dic. v. 1. p. 204. Durie, p. 129.
