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Scottish Court of Session Decisions >>
James Haliburton v James Anderson of Westerton. [1682] 3 Brn 421 (8 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030421-0609.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Haliburton v. James Anderson of Westerton
Date: 8 February 1682
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James Haliburton, writer in Edinburgh, against James Anderson of Westerton. The Lords,—before answer, and ere they would repone him on paying the expenses against a decreet wherein Mr John Stewart compeared as his advocate, and took a day to produce him to depone, and the term was circumduced against him,—ordained Anderson to give his oath of calumny if he could deny but he had employed an advocate or agent to look after that affair, and so looked on himself as pars contradictor therein; and, if he confessed this, then he nor his advocate should not be permitted to disclaim their appearance, made in that decreet whereon he is now charged; for it were a very dangerous thing to bind debts on parties by advocates their officious appearing for them and proponing defences, or taking days to produce them.
