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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Torthorrell v The Earl of Quenisberrie. [1636] 1 Brn 363 (20 July 1636)
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[1636] 1 Brn 363      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Lord Torthorrell
v.
The Earl of Quenisberrie

Date: 20 July 1636

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In an action pursued by the Lord Torthorrell against the Earl of Quenisberrie, the said Earl, defender, craved a protestation, and summoned the pursuer to insist, with certification he should not be heard hereafter. The pursuer takes a day to insist. At the said day the certification is craved, and the pursuer's procurators passed from their compearance. The Lords granted the certification against the pursuer compearing; because he had taken a day to insist, and the nature of this action was such, as it had no other litiscontestation but certification that he should never be heard thereafter.

2d MS. Page 184.

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/1636/Brn010363-0971.html