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Anent Competent and omitted. [1670] 2 Brn 480 (1 July 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020480-0799.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Competent and omitted
Date: 1 July 1670
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One being charged on a decreet, suspended upon a reason: To which it was answered, That the same could not now be received, because it was competent against the decreet and omitted. To which it was replied, That the defence of competent and omitted could not be objected where the decreet was obtained before an inferior Court, as this was.
My Lord Stair found, if it had been in re ardua et difficili, which the ordinary procurators before these Courts could not well understand, that their omitting of a defence then would not have secluded the party from proponing of it now: but being in re facili et levis momenti, he found it relevant.
Act. Mr. Thomas Murray.Alt. Leirmonth.
Advocates' MS. No. 49, folio 78.
