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James Rule having convened the Laird of Ayton for making count and reckoning with him of certain sums of money, which he had debursed in his affairs; the Laird's procurator compearing at the bar, and offering count and reckoning, the pursuer debarred him with a horning. The matter was much agitated, whether he could in an action of count and reckoning debar the defender, seeing the defender was content to give him all he craved, viz. the desire of his summons. Yet by manifest votes it was found, he being a rebel might be debarred.
Spottiswood, p. 149.
*** See Durie's report of this case, voce Persona Standi.
