Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Andrew Martin
v.
MR James Kennedy

Date: 14 November 1671

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This was a suspension of a decreet obtained before the Bailies of Edinburgh, on thir two reasons, first, Because the said Andrew, pursuing as factor for an Englishman, no factory was produced, and so, he having no title, the decreet was intrinsically null; second, Kennedy at that time was Sheriff-clerk of Aberdeen, and so not liable to the Bailies' jurisdiction.

It was answered to the first, They opponed the decreet wherein he is holden as confest. To the second, He cannot be heard to decline the jurisdiction of the town; because they offer them to prove he resided forty days before the decreet pronounced, within the town, or after it; and so by the constant practique, he must be answerable thereto.

This was found relevant, and admitted to probation.

Advocates' MS. No. 254, folio 112.