Scottish Court of Session Decisions

Subject_1 PROCURATOR.

Mr James Chalmers
v.
Lady Tinwald

Date: 24 November 1665
Case No. No 2.

A procurator having compeared for a defender without a mandate, and decree having been passed, it was found not to be in foro.

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Mr James Chalmers, parson of Dumfries, having obtained a decreet before the Sheriff, for a part of his stipend, against this Lady Tinwald, for whom a procurator compeared, and took a term to produce her, and she succumbed, whereupon she was holden as confessed; she suspends, and alleges that the decreet bears not the procurator to have produced any mandate, and therefore craves to be reponed to her oath.

The Lords finding that there was nothing else alleged by the procurator that might infer his being informed or having warrant, but only his taking a day to produce, they would not sustain the decreet, unless the charger instructed the same by proving the quantities.

Fol. Dic. v. 2. p. 210. Stair, v. 1. p. 313.