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An advocate may appear for parties within the kingdom, without producing a mandate; should he even appear without authority, the decree is good, though he may be liable in the parties damage.
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John Ballantine having obtained a decreet against Margaret Edgar, she suspends, and raises reduction on this reason, That she had right to the lands in question by liferent—It was answered, That the reason was competent, and omitted in a decreet in foro, wherein Mr John Lauder compeared for the suspender, and proponed defences,—It was replied, That Mr John was willing to depone that he had no warrant, and appeared only at the desire of another advocate—It was duplied, That if the testimony of advocates be sufficent to take away decreets compearing, them can be no security by them.
The Lords repelled the allegeance of the advocate's offer to depone that he compeared without warrant, which, though it might make him liable for the party's damage, yet could not weaken the decreet in foro.
