Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. VI.

Defences.

Gordon and Chalmers
v.
Gordon

Date: 20 January 1614
Case No. No 128.

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In an action of special declarator by George Gordon and George Chalmers of Nock against George Gordon, at the Kirktown of Tyrie, upon a horning executed against him for slaughter of Alexander Chalmers, of Knockburly, in an exception proponed upon a submission which was not expired, repelled in respect it was a dilator, after a peremptor, not verified in the slaughter; and when they declared that they proponed it peremptorily, the Lords fand, that they could not alter the nature of the declinator, by turning it into a peremptor.

Fol. Dic. v. 2. p. 186. Kerse, MS. fol. 242.