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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Skene v The Earl Marishall. [1630] 1 Brn 181 (15 July 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010181-0419.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: The Laird of Skene
v.
The Earl Marishall
15 July 1630 Click here to view a pdf copy of this documet : PDF Copy
In an improbation, pursued by the Laird of Skene against the Earl Marishall, after three terms given to the defender to produce, at last certification was granted, providing that what should be produced betwixt and such a day, should be received. When the day came, the defender produced some writs, anterior, as he alleged, to these whereupon the pursuer founded his action; in regard whereof, he alleged, he ought to be heard wherefore he should not produce any more. Answered, That certification once being granted, he can never be heard more; but let him produce, upon his own peril, what he pleaseth; otherwise there should be no end in improbations, for none would produce till after certification were granted. Yet the Lords thought it merited, although after certification.
Page 168.
The electronic version of the text was provided by the Scottish Council of Law Reporting
