Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
George Watson v. Smeton Hepburn
Date: 9 January 1630 Case No. No 258.
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In an action between George Watson and Smeton Hepburn, the pursuer, having offered, by way of reply, to improve an instrument, and a day being assigned unto him for that effect, the pursuer suffered the day to pass over without raising of any diligence; and the defender having extracted the act, and desired the term to be circumduced, the pursuer offered to pass from his improbation, and declared he would insist in a reduction, (raised by him after the term assigned for improving.) The Lords would not suffer the pursuer to pass from his improbation after the term, unles he had done it before judicially; for they thought it a great vexation of the party to allow such a thing.
Fol. Dic. v. 2. p. 199. Spottiswood, (Improbation.) p. 168.
