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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Liberton v Adamson. [1626] 1 Brn 30 (11 March 1626) URL: http://www.bailii.org/scot/cases/ScotCS/1626/Brn010030-0063.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: John Liberton
v.
Adamson
11 March 1626 Click here to view a pdf copy of this documet : PDF Copy
In a suspension, betwixt John Liberton and Adamson, for suspending a decreet obtained by Adamson against Liberton before the town of Edinburgh, for payment of 40 pounds, referred to his oath, and, for contumacy, decerned against him,—the reason of suspension bearing, that Liberton was not an indweller within Edinburgh, neither the time of the sentence, nor at any time before, nor sensine; so the provost and bailies were not judges competent to him, he not being subject to their jurisdiction, and so the decreet, being à non suo judice, was null;—the Lords, notwithstanding of this reason, sustained the decreet, seeing it was referred to his oath, and was a matter of small moment; but prejudice to reduce the same upon that reason, prout de jure.
Act. Lermonth. Alt.——. Page 191.
The electronic version of the text was provided by the Scottish Council of Law Reporting
