Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 YULE VACANCY.

Anent Expenses in a Calumnious Pursuit

1677. January.

Click here to view a pdf copy of this documet : PDF Copy

Where a party defender gets an absolvitor, and raises a pursuit before the Lords, to get him condemned in expenses tanguam temere et calumniose litigans, it will not be sustained, unless the first decreet bear that the pursuit was calumnious: else he must lose that decreet, and of new debate the grounds of it, that he may make it appear to the judge, and persuade him that it was a calumnious pursuit. Vide infra, 11th July, 1677, No. 602.

Advocates' MS. No. 528, § 4, folio 272.