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[1670] 2 Brn 489      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Pursuers Delaying to insist

Date: 8 July 1670

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Where a pursuer in an ordinary action, or a charger in a suspension, defers and refuses to insist; the most effectual way to force them is by raising a summons narrating the action or charge, charging the pursuer to insist; with certification, if he do not insist, he shall never be heard thereafter to insist in that action; and the protestations put up for not insisting, or decreets suspending the letters ay and while the charge be produced, are but elusory. Ita Norvell.

Advocates' MS. No. 66, folio 80.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020489-0816.html