Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. V.

Holden as confessed - Confessing or denying.

Cuningham
v.
Rollogk

Date: 14 January 1634
Case No. No 99.

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In an action of reduction pursued by John Cuningham against Robert Rollock, whereby the said John craves to be reponed to his oath and defences, because the decreet was obtained against him for null defence and he not summoned, or at least not lawfully summoned, as the executions bear, which were vitiated in the days of compearance, and the principal summons both disconform in the days of compearance, and summoned to the second diet upon the day of; which being so found by the executions, and the first summons with the second, the Lords reponed John Cuningham to his oath and whole defences.

Auchinleck, MS. p. 175.