Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. X.

Improbation how Proponable.

Monteith
v.
Carmichael

Date: 21 December 1614
Case No. No 42.

The Lords refused to hear a party propone improbation of a decree-arbitral by way of suspension, though he offered to improve it by the oaths of the Judges, who were both present.

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In an action betwixt Robert Monteith and William Carmichael, the Lords sustained a decreet-arbitral, which was pronounced in ipso termino upon the day betwixt and the which the decreet should have been pronounced; and, in the same cause, the Lords would not hear the said Robert Monteith to improve, by way of suspension, albeit he offered to improve the same by the oaths of the Judges, who were both present.

Fol. Dic. v. 1. p. 173. Kerse, MS. Fol. 180.