Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
Anent Expenses in a Calumnious Pursuit
1677.
January.
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Where a party defender gets an absolvitor, and raises a pursuit before the Lords, to get him condemned in expenses tanguam temere et calumniose litigans, it will not be sustained, unless the first decreet bear that the pursuit was calumnious: else he must lose that decreet, and of new debate the grounds of it, that he may make it appear to the judge, and persuade him that it was a calumnious pursuit. Vide infra, 11th July, 1677, No. 602.
