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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Leggat v Duncan. [1736] 1 Elchies 156 (17 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010156-002.html Cite as: [1736] 1 Elchies 156 |
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[1736] 1 Elchies 156
Subject_1 FORUM COMPETENS.
Leggat
v.
Duncan
1736 ,Feb .17, 21 .
Case No.No. 2.
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The Lords found the decreet null as a non suo domino, and repelled the answer of communis error, in respect of the reply that such, error could not make the defender contumacious; and here there was no instruction of the debt, other than the decreet in absence holding the defender as confessed, upon which no diligence followed against the defender, who lived many years after.—21st, The Lords refused a bill without answers and adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting