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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Act of Sederunt. [1674] 1 Brn 548 (6 June 1674)
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Cite as: [1674] 1 Brn 548
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[1674] 1 Brn 548
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Act of Sederunt
6 June 1674 Click here to view a pdf copy of this documet : PDF Copy
The Lords thought fit to make an Act of Sederunt, and to intimate it to the advocates, to the purpose following, viz.:—That when an allegeance is not admitted, but a joint probation is allowed before answer; if there be any other allegeance
found relevant, and admitted to either, litiscontestation should be understood to be made as to that allegeance. 2. And likewise as to that effect, that the parties are concluded; and cannot be heard thereafter to propone any other allegeance. 3. The terms being run as to allegeance not discussed, they are concluded as to the probation of it; as if the relevancy had been discussed by a formal act of litiscontestation: whereas it is remitted to be considered after probation: seeing often ex facto oritur jus; and, upon consideration of the circumstances after probation, the Lords have more clearness to determine relevancy. Page 74.
The electronic version of the text was provided by the Scottish Council of Law Reporting