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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Arthur v John Callin. [1773] Hailes 534 (16 July 1773) URL: http://www.bailii.org/scot/cases/ScotCS/1773/Hailes010534-0296.html Cite as: [1773] Hailes 534 |
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[1773] Hailes 534
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ARBITRATION.
Subject_3 Reduction of a Decree-Arbitral.
Date: Robert Arthur
v.
John Callin
16 July 1773 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, VI. 205; Dict. 667.]
Hailes. The proof is competent. Arthur's objection to the decreet-arbitral is, that the arbiters have left a point to be decided by an after probation. Callin answers, The arbiters did this at Arthur's special request, and this fact will be proved by the oaths of the arbiters. Arthur cannot be allowed to object to his own deed: he is barred personali exceptione. The purpose of the proof is singly to make good the personalis exceptio.
President. I will neither support nor overturn a decreet-arbitral by the evidence of witnesses; but I will allow a fact to be proved concerning a decreet-arbitral, in order to explain the res gesta.
On the 16th July 1773, the Lords found that the arbiters may be examined; adhering to the interlocutors of Lord Auchinleck.
Act. A. Lockhart. Alt. R. M'Queen.
The electronic version of the text was provided by the Scottish Council of Law Reporting