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Scottish Court of Session Decisions >>
The Earl of Marchmont and Morison of Prestongrange, v Home of Wedderburn. [1715] Mor 358 (7 June 1715)
URL: http://www.bailii.org/scot/cases/ScotCS/1715/Mor0100358-026.html Cite as:
[1715] Mor 358
The Earl of Marchmont and Morison of Prestongrange, v. Home of Wedderburn
Date: 7 June 1715 Case No. No 26.
An advocate's appearance for a defender within the kingdom, is presumed to be by mandate; which mandate is presumed to continue, though the defender, pendenti liti, leave the kingdom.
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The Earl of Marchmont, Prestongrange, and others, being engaged for Wedderburn, and made payment of several sums of money, do pursue him for repayment and relief.
It was alleged: That any valuable payment condescended upon, being by Prestongrange, who was out of the country, there could be no further procedure against the defender without a mandate from him.
It was answered: That the process litis contestat, and Prestongrange having deponed before he went out of the country, the compearance made by his procurator was presumed to be by his mandate; which mandate once given, is presumed to continue.
