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One being pursued before an inferior court for a debt he had before suspended, and having proponed defences, upon which litiscontestation was made, and thereafter raised advocation upon incompetency and iniquity, in so far as the defence of lis pendens before the Lords was unjustly repelled;
The Lords found, that such a defence might be repelled, not being proponed before litiscontestation, seeing primus actus judicii est judicis approbatorius.
Fol. Dic. v. 2. p. 186. Harcarse, (Advocations, &c.) No 12. p. 4.
