Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. XX.

Competent and Omitted.

Earl Marischal
v.
Charles Bray

Date: 18 June 1662
Case No. No 365.

A baron court is not such a judicatory as can give any ground for the objection of competent and omitted.

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The Earl of Marischal having obtained decreet, in his own baron court, against Bray, compearing for a year's rent of his Mains of Dunnottar, wherein he had been possessed by the English; Bray suspends, and alleges compensation upon a bond assigned to him, due by the charger, who answered competent and omitted, and so not receiveable in the second instance; especially being compensation, which, by special act of Parliament, is not to be admitted in the second instance.

The Lords sustained the reason of compensation, and found that a baron court was not such a judicature, as that allegeances competent and omitted should be repelled in the second instance.

Fol. Dic. v. 2. p. 209. Stair, v. 1. p. 111.