Found, no process, against a woman who was married after executing the principal summons, because her husband was not called for his interest in the second summons of continuation.
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In an action betwixt Margaret Bailie and Janet Robertson, the Lords found no process against the defender, because she was clad with a husband, and he not summoned; which allegeance was sustained, albeit she was married since the executing of the principal summons, because she was married before the execution of the second summons of continuation; so that her husband should have been summoned to compear by the said citation; and albeit the act and letters could not have been directed against him, seeing he was not in the principal summons; yet the pursuer, by supplication to the Lords, might have obtained warrant to summon him, by virtue whereof he might have been summoned for his interest, likeas the pursuer might raise a new continuation, and give in a supplication to summon the husband for his interest, as said is.
Clerk, Hay.
Fol. Dic. v. 1. p. 134. Durie, p. 300.
