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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Lord Johnstoun v The Earl of Nithisdale. [1637] 1 Brn 370 (28 March 1637)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Lord Johnstoun
v.
The Earl of Nithisdale
28 March 1637 Click here to view a pdf copy of this documet : PDF Copy
In an action of removing pursued by my Lord Johnstoun against the Earl of Nithisdale for removing from the lands of Knock; after the action was disputed in præsentia, and an exception was admitted to the Earl's probation, and an act of litiscontestation made; the Lord Johnstoun gave in a bill, desiring, that, before the act was extracted, he might take up his process, and the defender might have an extract of the interlocutor. The Earl contended, That, hoc statu causæ, he behoved to have out his act, and the process to remain in the clerk's hands till the conclusion of the cause. The Lords refused to grant the desire of the Lord Johnstoun's bill, in respect of the state of the process.
2d MS. Page 186.
The electronic version of the text was provided by the Scottish Council of Law Reporting