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Scottish Court of Session Decisions >>
Alison Kello v Paxton. [1662] Mor 6672 (3 July 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor1606672-085.html Cite as:
[1662] Mor 6672
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In a process betwixt these parties, an exception having been proponed, the Lords, before answer, ordained the proponer to produce the writs, with certification, that the defence should be held as not proponed. In termino, certification being craved, an incident was produced, because the writs were the proponders authors's writs and in their hands. It was answered, That the incident was not competent, there being no litiscontestation. It was answered, That it was most competent wherever there was a certification, as in acts in reduction and improbation.
“The Lords found the meaning of such acts and certifications to be only, that the parties should produce their own writs, they would make use of, and such of their authors’ writs as they had the time of the act, and that the other party might have their oath thereupon if they pleased, and therefore refused the incident.”
