Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Henry
v.
Lyon

Date: 23 February 1631

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Where an exception is proponed, and the excipient has raised an incident for proving his exception; and, circumducing the first term of his diligence, refers the exception to the pursuer's oath, and, at the day assigned to the party to depone, he would resile;—the Lords would not suffer him, in respect of the state of the process.

2d MS. Page 162.