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Scottish Court of Session Decisions >>
Bruce v Earl of Mortoun. [1665] Mor 11972 (28 November 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2811972-020.html
Continuation necessary in a summons of furthcoming.
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In an action for making arrested sums forthcoming, between Bruce and the Earl of Mortoun,
The Lords found that the summons behoved to be continued, seeing they were not passed by a special privilege of the Lords, to be without continuation albeit they were accessory to the Lords' anterior decreet, against the principal debtor, which they found to be a ground to have granted the privilege of not continuation, if it had been desired by a bill, at the raising of the summons, but not being demanded, they found quod non inerat de jure.
