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The Lords were divided on this question, if it was to be reputed a decreet in foro where a pary appeared, and produced an interest, as a ground of competition on the subject in controversy, but afterwards was absent, and proponed nothing upon his inserest; so that compearing in this manner, and finding his right posterior, he might withdraw, and then vex men with new processes; but the plurality found it a decreet in foro. Yet it could not be accounted a decreet in foro contradictorio, no defence being proponed, as the act of regulation 1672 requires.
Fol. Dic. v. 2. p. 205. Fountainhall, v. 1. p. 540.
