Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Home v. Home
Date: 13 March 1628 Case No. No 252.
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In an action pursued at the instance of a party, wherein litiscontestation was made, the party pursuer makes another assignee to the bond, whereupon the action was pursued, which assignee intents new action. It is alleged by the defender, That seeing litiscontestation was made in the first action, pursued by the cedent upon this same bond, the assignee may not misken the first action, but must seek transferring of the act of litiscontestation, seeing it binds both parties as it were a contract. The Lords found that the assignee may pass from his first pursuit, and the defender may propone all his defences, which were competent to him in the first, except he show how he is prejudged.
