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Scottish Court of Session Decisions >>
The Earl of Crawfurd and Major Lindsay v Alexander Bruce. [1699] 4 Brn 443 (28 February 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn040443-0871.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
The Earl of Crawfurd and Major Lindsay v. Alexander Bruce
Date: 28 February 1699
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The Earl of Crawfurd and Major Lindsay, against Alexander Bruce, son to Broomhall, their quarter-master. This was a reduction of a decreet-arbitral, not upon iniquity, (for that is excluded by the late regulations,) but on nullities, as that it was ultra vires compromissi; and that it bore subscribed lists of debts which were not subscribed; and that it was indefinite and uncertain, et senten- tia in quantitate incerta est nulla; and that it was not truly signed of the date it bore, but made of the date of the minute, to be within the time prefixed for terminating the submission. All which were repelled, in respect of the answers made thereto.
At last Mr Bruce recurred to the reason of bribery; and, having no other way to prove it, he referred to the Major's oath, that, in a count betwixt him and the deceased George Clark, one of the arbiters, he had given him allowance of £33 sterling for nothing but only to favour him in the submission; which he denying, upon oath, it was moved Alexander Bruce should be censured for his rash calumny, and fined. But the Lords only ordained him, on his knees, to crave my Lord Crawfurd's pardon; but the Earl dispensed with it. So it was passed over.
