Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. XI.

Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?

Thomas Logie Merchant in Edinburgh,
v.
Patrick Ferguson Merchant there

Date: 4 January 1710
Case No. No. 309.

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In the process at the instance of Thomas Logie, against Patrick Ferguson, as representing John Ferguson cordiner in Edinburgh his father, founded on an obligement, subscribed by him before witnesses, and bearing the writer's name without any designation; the Lords found the said writ, which was granted since the act of Parliament 1681, null for want of the writer's designation; albeit the pursuer offered to prove by the defender's oath, That the obligement was truly subscribed by his father, and still unsatisfied; and alleged that the statute 1681 prohibiteth supplying by condescendence only, without prejudice to supply by other methods.

Forbes, p. 384.