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Cite as: [1685] Mor 14064

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[1685] Mor 14064      
Subject_1 RES INTER ALIOS.
Subject_2 SECT. II.

Res Judicata.

Captain Andrew Dick
 v.
Craigie of Gairsey

Date: 12 March 1685
Case No. No 48.

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Captain Andrew Dick, against Craige of Gairsey, being reported by Pitmedden, the Lords found, seeing Gairsey was but cautioner for Oversandy his uncle, in the suspension, it was competent for him to propone any defences, though omitted by the principal party; and they did not stint him to prove them instanter, but allowed him terms for that effect.——This has been formerly so dicided, as appears from Stair.

 Fol. Dic. v. 2. p. 351. Fountainhall, v. 1. p. 352.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor3214064-048.html