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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bischoptoun v Rowalland. [1630] 1 Brn 311 (19 June 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Bischoptoun
v.
Rowalland
19 June 1630 Click here to view a pdf copy of this documet : PDF Copy
In an action of improbation, a reply is proponed for sustaining of the pursuer's interest, and a day assigned for proving the same; after which the defender passes from his compearance. His party alleged, That now, litiscontestation being made, he cannot pass from his compearance. To the which it was answered, That this proving of his interest was no litiscontestation in the cause; and that he might as well pass from his compearance now, as if his interest had been produced in initio litis. The Lords found, He might pass from his compearance.
Page 157.
The electronic version of the text was provided by the Scottish Council of Law Reporting