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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl Cassillis v Montgomery. [1696] Mor 12149 (24 January 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor2812149-286.html
Cite as: [1696] Mor 12149

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[1696] Mor 12149      

Subject_1 PROCESS.
Subject_2 SECT. XII.

Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.

Earl Cassillis
v.
Montgomery

Date: 24 January 1696
Case No. No 286.

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A Tack of teinds being produced in a process by the defender, and the pursuer throwing in a reduction thereof incidenter, and the defender offering to take up his tack again; the Lords found, that a party might take up any writ (not challenged as false) before allegeances were proponed thereon, or litiscontestation made in the cause.

Fol. Dic. v. 2. p. 197. Fountainhall.

*** This case is No 12. p. 33. voce Accessorium Sequitur Principale.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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