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Scottish Court of Session Decisions >>
Richard Cunningham v Duke of Hamilton. [1665] Mor 17019 (5 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3817019-294.html Cite as:
[1665] Mor 17019
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Richard Cunningham v. Duke of Hamilton
Date: 5 December 1665 Case No. No. 294.
A writ wanting the designation of the writer sustained, and the party allowed to point him out.
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Richard Cunningham pursues the Duke and Duchess of Hamilton, for payment of a bond, granted by the late Duke, which being produced, appeared to have been blank in the sum, date and creditor's name. The defenders alleged, the bond was null, as wanting the designation of the writer. It was answered, that they did now design him, which has been always allowed by the Lords. It was answered, that though the Lords have done so, ex officio; yet in a case of this nature, where the debt is so old, never mentioned before, and the bond in the substantials blank, in which case the Lords ought to keep by the express words in the act of Parliament, that such writs are null, and not to be supplied by an equivalent.
The Lords repelled the defence, and admitted the designation.
