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?

Sinclair of Freswick
v.
Sir James Sinclair of Dunbeth

Date: 17 February 1715
Case No. No. 315.

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A bond since 1681, of which the debtor had paid a part, was sustained, though the designation of one of the witnesses was wanting; which must be upon this footing, That the nullity mentioned in the act is not a total nullity to bar action, but only such as to furnish the defender with an exception, which he may renounce, either by express consent, or by consent implied in acts of homologation.

Bruce.

This case is No. 36. p. 5654. voce Homologation.