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Civil procedure – Decree in foro – Reduction of decree. Court of Session: Dismissing an action in which the pursuer, who sought reduction of two sheriff court decrees his ex-wife held against him, alleged that his ex-wife made a false statement in minute proceedings in the sheriff court and would never have obtained decree against him if the sheriff had known of the misrepresentation, the court concluded that since all that was argued before the sheriff was whether the minute was competent and the sheriff found it to be incompetent, whether the wife was dishonest was irrelevant because that had never been investigated and could having nothing to do with competency.
Civil procedure – Decree in foro – Reduction of decree. Court of Session: Dismissing an action in which the pursuer, who sought reduction of two sheriff court decrees his ex-wife held against him, alleged that his ex-wife made a false statement in minute proceedings in the sheriff court and would never have obtained decree against him if the sheriff had known of the misrepresentation, the court concluded that since all that was argued before the sheriff was whether the minute was competent and the sheriff found it to be incompetent, whether the wife was dishonest was irrelevant because that had never been investigated and could having nothing to do with competency.
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