Subject_1 PROCESS.
Subject_2 SECT. I. Libel.
Date: Purves
v.
Purves
18 June 1628
Case No.No 9.
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In an action to make arrested goods forthcoming, Purves against Purves, the Lords found, the summons needed not to abide second summons of continuation, albeit there was nothing produced instantly to verify, that the defender was owing the particular goods arrested in his hands to the pursuer's debtor. the time of the making of the arrestment; but that the pursuer behoved to take a term to prove the same, and referred it to his oath, that he was owing the particulars arrested to this said debtor; whereby the defender alleged, That the summons should be continued, seeing the same was to be proved by his oath, and where any thing is referred to the oath of a party, he ought to be twice
summoned; notwithstanding whereof, there was found no necessity of continuation, the cause being of this nature, for making arrested goods forthcoming, and accessory to a sentence. Act. Saudilands. Alt. Belshes. Clerk, Clerk.
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