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Where a circumduction is craved on an act before answer, it is competent before the Ordinary on the acts to plead any point of law yet undiscussed in bar of the circumduction; but if no point of law is pleaded, decree must attend the circumduction on the act before answer, as well as on an act of relevancy; and were it otherways, there would be no form for keeping the cause in Court.
Fol. Dic. v. 4. p. 151. Kilkerran, (Process.) No 5. p. 434.
