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Scottish Court of Session Decisions >>
L. Murdeston v Baillie. [1625] Mor 6748 (21 June 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor1606748-170.html Cite as:
[1625] Mor 6748
A bond was taken to be improved, and the clerk register produced the principal. The defender did not abide by, remaining absent. Without further proof of falsehood, the bond was declared to make no faith.
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An improbation being pursued by the L. of Murdeston against Mr James Baillie, for improving of an obligation, wherein the Clerk of Register and his deputes being convened for production of the principal bond, the same being registrate in the books of council, and the bond being produced by the clerk, and the party defender being called, and not compearing, but being absent, the said bond upon the second summons of continuation, without further proceeding in the cause, was decerned to make no faith, and instantly was then cancelled in judgment before the Lords at their command; the reason was, because the party was twice summoned to hear and see the same produced and improven, and albeit it was produced by the clerk, yet seeing the party summoned as said is, compeared not to abide by the bond, but was absent, therefore the Lords decerned the same to make no faith, and caused cancel the same, and found no necessity that the pursuer should be urged to proceed any further to the trial of the falsehood thereof, nor that it was necessary to summon the defender to compear and declare, and give his oath if he had just cause to use the said bond, and that he would abide at the same as a true evident; but found, that his absence, and his not compearing after his citation by the principal summons of improbation, and in the continuation by the second summons, was sufficient to infer the foresaid sentence.
Act. Stuart.Alt. Absent.Clerk, Hay.
Fol. Dic. v. 1. p. 457. Durie, p. 164.
