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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Richardson (or Riechieson) v Halbert Maxwell of Freircarse. [1634] 1 Brn 352 (18 July 1634) URL: http://www.bailii.org/scot/cases/ScotCS/1634/Brn010352-0934.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Agnes Richardson (or Riechieson)
v.
Halbert Maxwell of Freircarse
18 July 1634 Click here to view a pdf copy of this documet : PDF Copy
Agnes Richardson obtained decreet, before the commissary of Dumfries, against Halbert Maxwell of Freircarse, decerning him to make payment to her of £80, for the which she was cautioner for Halbert's son, and whereof he promised to relieve her. The decreet is given upon Halbert's contumacy in not compearing to give his oath; whereupon the commissary took the pursuer's oath. This decreet is suspended by Halbert upon nullity, as given by the commissary upon a civil cause exceeding the sum of £40, contrary to the commissary's injunctions. The Lords found the letters orderly proceeded; because they had been in use to allow commissaries' decreets given upon 1000 merks; and this being a poor widow, they would not put her to a new process for a matter exceeding the custom but 40 merks.
Page 115.
The electronic version of the text was provided by the Scottish Council of Law Reporting