Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. I.

Libel.

Herbertson
v.
Rattray

Date: 12 June 1793
Case No. No 59.

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Robert Rattray was cautioner for James Rattray, in a suspension of a decree of the Sheriff pronounced in absence against him. The latter objected, That the decree was null, as being pronounced when he was in England, and had neither domicile nor property in this country. The Lord Ordinary turned the decree into a libel; against which it was pleaded in a reclaiming petition, That a decree may be turned into a libel where it is defective in point of form, but not where it is fundamentally null. The Lords repelled the objection.

Fol. Dic. v. 4. p. 148. Fac. Col.

*** This case is No 82. p. 2157, voce Cautioner.