Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. XI.

Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?

Weir
v.
Moffat

Date: 29 November 1609
Case No. No. 274.

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Weir charged Moffat and Coulter to pay to him 500 merks conform to their registrated obligation. They suspended, alleging that it was null, being a matter of consequence, and only subscribed by one notary, and containing only three witnesses. It was excepted, that the parties were only six, and they would supply the want of solemnity by the parties' oaths, who gave command to the notary. They answered, That the bond being null of the law, could not be supplied, nor the party urged to make faith; notwithstanding whereof, the Lords admitted the reply to be proved by the parties' oath to sustain the obligation.

Haddington MS. v. 2. No. 1665.