Scottish Court of Session Decisions

Subject_1 LOCUS POENITENTIAE.
Subject_2 SECT. I.

Where Writ is necessary.

Ninian Home
v.
Francis Scot

Date: 7 February 1671
Case No. No 11.

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Ninian Home having charged Francis Scot upon a bond of 550 merks, he suspends on this reason, That both parties having referred the matter verbally to an arbiter, he had determined 200 merks to be paid for all, whereupon Hume had pursued. It was answered, That verbal submissions and decreets-arbitral are not binding, but either party may resile before writ be adhibited.

The Lords found the reason was relevant to be proven thus, by the charger's oath that he did submit, and by the arbiters oaths that they did accordingly determine.——See Proof.

Fol. Dic. v. 1. p. 560. Stair, v. 1. p. 716.