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[1671] 2 Brn 550      

Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Competent and Omitted

Date: 30 June 1671

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Competent and omitted fails, 1mo, where the defences are difficult, and the cause was before an inferior judge; 2do, where it was in a suspension, unless it was of multiplepoinding, because a man may suspend oftener. This is now altered by the Lords' decisions, see alibi, providing they be new reasons not proponed in the former; neither will one be admitted to allege that they were competent in the first suspension, but there omitted. Vide supra No. 49, [1st July 1670;] infra 484, [ Wright against Sheill, June 1676.]

Advocates' MS. No. 190, folio 101.

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/1671/Brn020550-0926.html