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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir James Cockburn v The Lady Crumstain. [1681] 2 Brn 273 (9 February 1681) URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn020273-0552.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Sir James Cockburn
v.
The Lady Crumstain
9 February 1681 Click here to view a pdf copy of this documet : PDF Copy
The Lady Crumstain having pursued a declarator against Sir James Cockburn, which being disputed in the Outer House, and the Ordinary having ordained some writs alleged upon to be produced before answer;—which being now produced, the Ordinary having called the cause again,—
It was alleged for Sir James, That writs being produced upon an act, the Ordinary could not determine thereon, but only the Lords in præsentia.
It was answered, That here was no act of litiscontestation, nor an act before answer equivalent thereto, but only a warrant to produce writs which were in the parties' hands, that an allegeance might be founded thereupon, according to the tenor of the writs.
The Lords found, That this being no act of litiscontestation, or equivalent thereto, the Ordinary ought to hear the parties upon the writs produced.
Vol. II, Page 857.
The electronic version of the text was provided by the Scottish Council of Law Reporting
