The most irregular charge may be turned into a libel.
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Andrew M'Ready having a bill upon Matthew Crawfurd, payable upon sight, but neglecting to protest the same within the six months, he thereafter protests and registiates; which being suspended, it was alleged for the suspender at discussing, That the protest and registration being unwarrantable, as being without the six months, the letters behoved to be simpliciter suspended, reserving action via ordinaria for payment as accords; and this, because a bill so negotiated can neither be the ground of a charge nor a libel.
Answered for the charger, That he was willing to turn the charge into a libel, which cannot be refused; for though the charge be unwarrantable, yet the ground of action remains; and as soon as it is turned into a libel, the parties are in an ordinary action, & frustra fit per plura, &c. And this has been always admitted, though a decreet were never so absurd, and proceeded even without citation of the party, &c. which is still allowed ad abbreviandas lites.
The Lords turned the decreet charged on to a libel, and found no necessity of a new libel.
For the Charger, Macdouall.Alt. ——Gibson, Clerk.
Fol. Dic. v. 2. p. 180. Bruce, v. 1. No. 136. p. 178.
