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Scottish Court of Session Decisions >>
Gibson v Howie. [1629] Mor 16879 (29 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor3816879-099.html Cite as:
[1629] Mor 16879
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A decreet-arbitral being subscribed by one of the Judges, to whom the two parties had submitted, he being one of the four Judges to all whom it was submitted, they agreeing together, and the said Judge having subscribed as notary for both the parties submitters, and also as Judge aforesaid, the same was sustained, seeing it was for a matter of small concernment, viz. 80 merks, and betwixt two friends, which were but poor men, and done in landwart outwith burgh, where notaries are not frequent.
Act. Gibson.Clerk, Gibson.
Durie, p. 419.*** Spottiswood reports this case:
One Howie being charged for payment of 80 merks, conform to a decreet-arbitral pronounced between him and one Gibson, he suspended, and also intented reduction thereof, upon this reason, That the decreet was null, in respect that the notary who subscribed the submission for the parties submitters was one of the arbiters, in quem fuerat compromissum, and it cannot stand in law that one man should be both Judge and notary subscriber for the parties; yet the Lords sustained the decreet in respect of the meanness of the matter, and that they were but poor parties, and dwelled far in the country where notaries could not be easily had.
