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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hunter v Hamilton. [1743] 1 Elchies 357 (23 November 1743)
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Cite as: [1743] 1 Elchies 357
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[1743] 1 Elchies 357
Subject_1 PROCESS.
Hunter
v.
Hamilton
1743 ,Nov. 23 .
Case No.No. 15.
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The question came to this, Whether a defender after proponing improbation and the pursuer abiding by, the defender may pass from his improbation and recur to other defences, when no term or diligence for proving has been assigned; for if the defender Hunter could pass from his improbation when he gave in his petition to us, and we gave our interlocutor appointing it to be answered, nothing that passed afterwards before the Ordinary ought to bar him;—and we agreed to alter and to admit him to his defence. But we repelled the defence itself that the bond was recited of a wrong date.
The electronic version of the text was provided by the Scottish Council of Law Reporting