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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ewing v Gardner. [1773] 5 Brn 430 (00 February 1773) URL: http://www.bailii.org/scot/cases/ScotCS/1773/Brn050430-0398.html Cite as: [1773] 5 Brn 430 |
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[1773] 5 Brn 430
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Ewing
v.
Gardner
1773 .February .Click here to view a pdf copy of this documet : PDF Copy
An oversman, in a submission, cannot intermeddle,—unless the arbiters differ in opinion, and choose him to be oversman on that account. See Gordon against Abernethy, 30th November 1716, observed by Dalrymple. June 1724, Rigg, observed by Lord Bankton, B. I. tit. 23, §9. The point again occurred, Ewing and Gardner, February 1773. In this last case, the oversman was appointed by an inaccurate minute signed by the arbiters, but not formally tested,—and which did not bear that the arbiters had differed. But the decreet-arbitral pronounced by the oversman bore it, and was signed by him with concurrence of one of the arbiters.
The electronic version of the text was provided by the Scottish Council of Law Reporting