Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. I.

To what Causes this Jurisdiction extends.

John Finlason
v.
Ker

Date: 25 January 1541
Case No. No 45.

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The Lordis of Counsall, of thair office, may help and supply the irrelevancie of ony exceptioun or allegeance proponit be the partie, throw the negligence and ignorance of him that is procuratour, gif the samin consistis in facto.

Balfour, No 10. p. 269. *** Sinclair reports this case:

John Finlayson called against N. Ker, the Lords found, that, of the practique and consuetude, they may help and supply the irrelevancy of the pleasex exceptione not conceived duly, and so did in the said Ker's exception opponed against violence intented against him by the said John, and so use the Lords to supply and help the fault, negligence, and ignorance of the procurators.

Sinclair, MS. p. 8.