Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Competent and Omitted
Date: 30 June 1671
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Competent and omitted fails, 1mo, where the defences are difficult, and the cause was before an inferior judge; 2do, where it was in a suspension, unless it was of multiplepoinding, because a man may suspend oftener. This is now altered by the Lords' decisions, see alibi, providing they be new reasons not proponed in the former; neither will one be admitted to allege that they were competent in the first suspension, but there omitted. Vide supra No. 49, [1st July 1670;] infra 484, [ Wright against Sheill, June 1676.]
