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Scottish Court of Session Decisions >>
William Dickson v John Home. [1665] Mor 2723 (16 November 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0702723-046.html Cite as:
[1665] Mor 2723
In a matter of small importance, improbation of a registered bond was received in a suspension.
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William Dickson having charged John Home upon a bond of L. 37 Scots, he suspends, and offers to improve the bond as not subscribed by him, but another John Home. It was answered, Improbation was not receivable, but in a reduction, or where the original writ was produced; but this bond was registrate in an inferior court, and the charger was not obliged to produce, nor was the clerk called.
The Lords, in respect the matter was of small importance, admitted the reason of improbation, the suspender consigning principal sum and annualrent; and declared they would modify a great penalty in case he succumbed; and ordained letters to be direct against the clerk of the inferior court to produce the principal.
