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Scottish Court of Session Decisions >>
The Queen v Caprington. [1554] Mor 12123 (23 February 1554)
URL: http://www.bailii.org/scot/cases/ScotCS/1554/Mor2812123-230.html Cite as:
[1554] Mor 12123
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
The Queen v. Caprington
Date: 23 February 1554 Case No. No 230.
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Anent the action pursued by the Queen's grace against the Laird of Caprington and others of inquest for an assize of error, it was alleged by the said inquest, That the Queen should not parsue summons, because she had raised and pursued other summonses of error to the same effect of before depending before the Lords, and the exception is peremptory given in in writ to the Lords, and answers thereupon, wherefore litiscontestation was made. It was alleged by the Queen's advocate, That he would renounce the foresaid summons. The other party alleged, That he might not renounce post litiscontestatione made. It was alleged by the Queen's advocate, That there was no litiscontestation made without there had been an exception peremptory admitted, or else the libel denied, or else the actor getting the libel to his probation, which was admitted, and ordained farther process, notwithstanding the allegeance of the inquest.
