Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. I.

Libel.

Bruce
v.
Earl of Mortoun

Date: 28 November 1665
Case No. No 20.

Continuation necessary in a summons of furthcoming.

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In an action for making arrested sums forthcoming, between Bruce and the Earl of Mortoun,

The Lords found that the summons behoved to be continued, seeing they were not passed by a special privilege of the Lords, to be without continuation albeit they were accessory to the Lords' anterior decreet, against the principal debtor, which they found to be a ground to have granted the privilege of not continuation, if it had been desired by a bill, at the raising of the summons, but not being demanded, they found quod non inerat de jure.

Fol. Dic. v. 2. p. 178. Stair, v. 1. p. 315.