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Scottish Court of Session Decisions >>
Laird Hermiston v Butler. [1629] Mor 12134 (11 December 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2812134-256.html
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Laird Hermiston v. Butler
Date: 11 December 1629 Case No. No 256.
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A person being summoned in an action of reduction, as one of the principal parties, after two diets, granted in the process for producing of rights called for, the pursuer may make a declaration that he will insist against the said person but for his interest; and thereafter, at the next calling of the cause, the pursuer passes from the declaration, declaring of new that he will insist against the said person, as a principal party, conform to his summons: It was alleged by the defender, That he could not alter his declaration, because he prejudged the defender, in using diligence for production of the rights called for to be produced by his new declaration. To which it was answered, That the defender was not prejudged, seeing the first declaration was after two diets taken to produce. The Lords found that the pursuer might alter his first declaration; and they granted a short day to the defender to produce what he pleased.
