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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Queensberry v Lord Torthorwold. [1636] 1 Brn 219 (20 July 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Brn010219-0496.html

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[1636] 1 Brn 219      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Earl of Queensberry
v.
Lord Torthorwold

Date: 20 July 1636

Click here to view a pdf copy of this documet : PDF Copy

The Lord Torthorwold having raised reduction against the Earl of Queensberry, the defender got a protestation against the pursuer for not insisting in his reduction, and, after, raised a summons against the said Torthorwold, to insist; with certification if he did not, he should never be heard thereafter. Torthorwold being twice summoned, and a day assigned to him to insist, and when the day came, he refusing to insist, the certification was given against him compearing, though he desired he might pass from his compearance. Which the Lords would not grant, in respect of the day assigned to him before compearing.

Page 322.

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/1636/Brn010219-0496.html