Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
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Date: 21 July 1670
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A Decreet being alleged to be intrinsically null, because it was given the time of vacance without a dispensation; it was answered, the decreet was good notwithstanding of that defect, because it was a decreet in foro given, the defender compearing therein, and proponing other objections, and noways objecting that; by which compearance he tacite past from these dilators.
This answer was found relevant; albeit it was replied, that a dispensation was pars judicis, and a thing the parties had no interest to take notice to.