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Scottish Court of Session Decisions >>
Bonar's Relict v His Representatives. [1675] Mor 2920 (2 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor0702920-013.html Cite as:
[1675] Mor 2920
Contingent causes ought to proceed together. - After a Fine for Contumacy, the Judge cannot fine a Second time for the Delict.
Bonar's Relict v. His Representatives
Date: 2 July 1675 Case No. No 13.
A cause was advocated, chiefly because there was an improbation depending in the Court of Session, of the same deed which was the subject of the action in the inferior court.
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A bill of advocation being reported of a pursuit at the instance of John Bonar's Relict, against his Representatives, before the town of Edinburgh, for payment of 10,000 merks, conform to a bond granted by him, the Lords did advocate, not so much in respect of the importance of the cause, the Town being competent judges; but because there was an improbation depending before the Lords, upon the same pursuit of the said bond: And contingengentia causa non debet dividi; and doth found the Lords' jurisdiction to advocate to themselves all questions concerning the said debt.
