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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James M'Millan and the Lord Pitmedden, v Robert Douglas Merchant in Edinburgh. [1712] Mor 7308 (2 July 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor1807308-022.html
Cite as: [1712] Mor 7308

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[1712] Mor 7308      

Subject_1 JURISDICTION.
Subject_2 DIVISION II.

Prorogation of Jurisdiction.
Subject_3 SECT. II.

Prorogatio de Causa in Causam.

James M'Millan and the Lord Pitmedden,
v.
Robert Douglas Merchant in Edinburgh

Date: 2 July 1712
Case No. No 22.

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The Lords reponed Robert Douglas against a decreet of the Justices of Peace, decerning him to pay to James M'Millan, as having right by assignation from the Lord Pitmedden, L. 8 Sterling, as the cedent's share of L. 100 Sterling, resting by Robert Douglas to the partners of the powder manufactory; albeit Mr Douglas had compeared in the court, proponed payment, and suffered the term to be circumduced against him for not proving, and not deponing upon the verity of the liblel referred to his oath; in respect the decreet was pronounced in a count and reckoning for so great a sum by Justices of Peace in vacation time, without a dispensation.

Fol. Dic. v. 1. p. 493. Forbes, p. 606.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor1807308-022.html