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Scottish Court of Session Decisions >>
Howison v Gibson. [1629] Mor 645 (28 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0200645-041.html Cite as:
[1629] Mor 645
Subject_1 ARBITRATION. Subject_2 Formalities of the Deed of Submission and Decree-Arbitral.
Howison v. Gibson
Date: 28 January 1629 Case No. No 41.
A decreet-arbitral where the same person was notary subscribing for a party, and also one of the arbiters, sustained only because inter rusticos.
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One Howison being charged for payment of 80 merks, conform to a decreet-arbitral pronounced between him and one Gibson, he suspended; and also intented reduction thereof upon this reason: That the decreet was null, in respect that the notar who subscribed the submission for the parties submitters, was one of the arbiters in quem fuerit compromissum; and it cannot stand in law, that one man should be both judge and notar subscriber for the parties: Yet the Lords sustained the decreet, in respect of the meanness of the matter, and that they were but poor parties, and dwelt far in the country where notars could not be easily had.
