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Scottish Court of Session Decisions >>
Kneilland v Duke of Lenox. [1632] Mor 15152 (1 November 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor3415152-030.html
Whether Reasons of Suspension must be instantly verified?
Kneilland v. Duke of Lenox
Date: 1 November 1632 Case No. No. 30.
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In suspension where the suspender has intented reduction of the decreet, and the reasons of suspension and reduction were the same, the Lords sometimes would discuss the reasons at one time, sometimes would find the letters orderly proceeded, and suspend the execution for a certain space, while the suspender in the meantime might pursue his reduction; but finding thereby that the parties were delayed, the suspender insisting in the reduction, and thereupon craving a further time to discuss the reduction, they have resolved to find the letters orderly proceeded in the suspension, and to ordain the charger to find caution for such space as the Lords think meet for discussing of the reduction; that if the suspender prevail in the reduction, the charger shall refund the sum contained cum omni causa.
