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Isobell Dundass and Robert Cunningham v The Earl of Marshall. [1692] 4 Brn 11 (30 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040011-0023.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Isobell Dundass and Robert Cunningham v. The Earl of Marshall
Date: 30 November 1692
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Phesdo reported the case of Isobell Dundass and Mr. Robert Cunningham, her husband, against the Earl of Marshall.
Alleged,—Though the putting a general and special declarator into one summons be a sustainable accumulatio actionum, ad abbreviationem et compendium litis; yet there being a decreet extracted in the general, they must have the process given out to them to see in common form, and it must be returned and inrolled quoad the special, ere they can be obliged to answer to it.
Replied,—They have seen and returned it already quoad both, and they can have no more sight.
The Lords found, they could not crave it in common form, but might see in the clerk's hands, and enrol it in the next week's roll.
