Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. IV.

Decrees, Acts of Court, &c.

Ryce Gum
v.
M'Ewan

Date: 19 July 1665
Case No. No 412.

A decree bore only that the defender compeared and confessed. The decree found null.

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Ryce Gum having obtained decreet before the Bailies of the Canongate against M'Ewan, to repone him to an assignation, he suspends on this reason, That the decreet was null, wanting probation, proceeding only upon the alleged judicial confession of the suspender without proponing any defence, acknowledging the libel, and succumbing in the defence, but simply confessing the libel, which cannot prove against him, being under the hand of a clerk of an inferior court only, without the suspender's subscription or oath.

Which the Lords found relevant.

Fol. Dic. v. 2. p. 247. Stair, v. 1. p. 300.