Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.

Mell
v.
James Graham

Date: 2 January 1700

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Mr Mell, the French merchant, gave in his protestation for remeid of law to the Parliament, for absolving James Graham, merchant, from his reduction of the decreet-arbitral pronounced betwixt them; which he quarrelled on this ground, That the arbiters had not cognosced nor noticed his claim: which, being a reason of iniquity, the Lords found themselves not empowered to sustain; because, by the late regulations 1695, no decreet-arbitral may be reduced, save on the head of corruption, bribery, or falsehood: and he contended it was falsehood in the decreet, to bear they had considered his claim, when they had refused to take it in: which is not the falsehood meant by that article of the regulations now turned into a law: which will not exclude nullities, such as the decreet is ultra vires compromissi, and the like; for these may be still proponed as formerly.

Vol. II. Page 77.