Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. I.

Decree cannot be done away except by Reduction.

The Earl of Morton
v.
Lord Fleming

Date: 26 November 1594
Case No. No 3.

A decree pronounced against a party absent rei publicæ causa was found not to be ipso jure null, but that it must abide the course of a reduction.

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Decreets given against a man subject to the proclamation, or absent reip. causa, are not so null of the law as that they may be taken away by exception, or summarily by a bill or summons upon six days, but must abide ordinary reduction, and continuation to try such things as consist in facto, as the proclamation, and the party's estate, and necessity to obey it, or his absence reip. cuusa, which consists in facto.

Fol. Dic. v. 1. p. 169. Haddington, MS. No 432.