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URL: http://www.bailii.org/scot/cases/ScotCS/1704/Mor3817022-305.html
Cite as: [1704] Mor 17022

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[1704] Mor 17022      
Subject_1 WRIT.
Subject_2 SECT. XI.

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

Kirkpatrick
 v.
Ferguson

Date: 21 November 1704
Case No. No. 305.

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By act 5, Parl. 1681, it is enacted, “That all writs subscribed by any party, wherein the writer and witnesses are not designed, shall be null, and not suppliable by condescending upon the writer, or the designation of the writer and witnesses.” Upon this clause a bond was found null, which wanted the name of the writer, though a most pregnant proof was offered, that a person condescended on wrote the bond, and who was also produced in Court to depone upon the fact.

 Fountainhall.

This case is No. 151. p. 12061. voce Process.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1704/Mor3817022-305.html