Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Agnes Colquhoun, Lady Monboddo, v. The Laird and Lady Newmains
Date: 3 July 1712 Case No. No 289.
No new conclusion can be added to a summons, after extracting act or decree thereon.
Click here to view a pdf copy of this documet : PDF Copy
The Lady Monboddo having insisted in a process against the Laird and Lady Newmains, for declaring her right to the lands of North-woodside and Kippo, disponed by her, in her contract of marriage, to Alexander Irvine of Monboddo, her husband, reserving her own liferent, upon this ground, that there was a clause in the contract irritating his right, in case he failed to perform his part of the contract, which irritancy was incurred; the Lords, the day of assoilzied the defenders from the declarator, reserving the pursuer's right of liferent, as accords. After extracting this decreet of absolvitor, the pursuer added a new conclusion upon the margin of the principal summons, for declaring her right of liferent, and that the defenders should be liable to her for the rents of the lands.
The Lords found, that no new conclusion could be added to a summons, after an act is thereupon extracted, and far less after a decreet extracted; but allowed the pursuer to insist upon the summons, as originally libelled, as accords.
