Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Lord Gray v. The Constable of Dundee
1584.
January. Case No. No 236.
Click here to view a pdf copy of this documet : PDF Copy
The Lord Gray wakened an action against the Constable of Dundee, anent the redemption of the third part of the Mains of Dundee. Compeared Mr Thomas Craig, advocate for the Constable, and alleged the Constable to be forth of the nation, and that his evidents and writings could not be had to have inspection for the defence of his cause, and so was content that decreet should pass against the Constable for null defence, and that they would pass from the defence of the cause. It was answered, That the defender might not now do the same, because he had compeared before sundry times in the said cause, and proponed sundry dilators, which were all repelled, and so now behoved either to insist in the action, or else to renounce jure liti et causæ. To this was answered, That albeit he had compeared and proponed dilators, yet lis non fuit contestata et sic potuit tempestive resilire. The Lords found, That he might pass from the defence of the cause.
