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URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor2912167-304.html
Cite as: [1744] Mor 12167

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[1744] Mor 12167      
Subject_1 PROCESS.
Subject_2 SECT. XIII.

Act before Answer.

Robertson
 v.
Robertson

Date: 27 June 1774
Case No. No 304.

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Where a circumduction is craved on an act before answer, it is competent before the Ordinary on the acts to plead any point of law yet undiscussed in bar of the circumduction; but if no point of law is pleaded, decree must attend the circumduction on the act before answer, as well as on an act of relevancy; and were it otherways, there would be no form for keeping the cause in Court.

 Fol. Dic. v. 4. p. 151. Kilkerran, (Process.) No 5. p. 434.

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/1744/Mor2912167-304.html