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Scottish Court of Session Decisions >>
Ker v Forsyth. [1635] Mor 12138 (5 February 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Mor2812138-266.html Cite as:
[1635] Mor 12138
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Ker v. Forsyth
Date: 5 February 1635 Case No. No 266.
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A party having first offered to improve a writ, and then alleging, That he had also a nullity to propone against it, which he craved might be reserved to him per expressum in case he should fail in the improbation; the Lords refused to reserve it to him, but allowed him to pass from his improbation, if he pleased, and take him to his nullity, because there was no term yet assigned to him to improbate, before which it was thought there was no litiscontestation made in the improbation.
Fol. Dic. v. 2. p. 198. Spottiswood. Durie.
*** This case is No 173. p. 6750. voce Improbation.
