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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Morton v Lord Fleming. [1594] Mor 2698 (26 November 1594)
URL: http://www.bailii.org/scot/cases/ScotCS/1594/Mor0702698-003.html
Cite as: [1594] Mor 2698

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[1594] Mor 2698      

Subject_1 COMPETENT.
Subject_2 SECT. I.

Decree cannot be done away except by Reduction.

The Earl of Morton
v.
Lord Fleming

Date: 26 November 1594
Case No. No 3.

A decree pronounced against a party absent rei publicæ causa was found not to be ipso jure null, but that it must abide the course of a reduction.


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Decreets given against a man subject to the proclamation, or absent reip. causa, are not so null of the law as that they may be taken away by exception, or summarily by a bill or summons upon six days, but must abide ordinary reduction, and continuation to try such things as consist in facto, as the proclamation, and the party's estate, and necessity to obey it, or his absence reip. cuusa, which consists in facto.

Fol. Dic. v. 1. p. 169. Haddington, MS. No 432.

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/1594/Mor0702698-003.html