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Scottish Court of Session Decisions >>
Jardine v Gordon. [1609] Mor 15150 (29 November 1609)
URL: http://www.bailii.org/scot/cases/ScotCS/1609/Mor3415150-024.html Cite as:
[1609] Mor 15150
Whether Reasons of Suspension must be instantly verified?
Jardine v. Gordon
Date: 29 November 1609 Case No. No. 24.
Payment being proponed as a reason of suspension, the letters were found orderly proceeded, because it was not instantly verified at calling the cause, although it was offered to be proved by the charger's oath, he not being present.
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Jardine charged John Gordon of Newton, to make payment to him of £.27. He suspended upon payment. At the discussing of the suspension, it was alleged, that the letters should be found orderly proceeded, because the reason was not verified. The suspender answered, that he referred it to the parties oath. It was answered, That he could not be delayed upon that allegeance, because it was not referred to his oath by the summons, nor he warned to that effect; and it were no reason to delay him now, and for so mean a matter draw him to this Town. In respect whereof, the Lords found the letters orderly proceeded.
