BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Philp of Almerycloss v Ogilvy of Innerquharity. [1692] Mor 12192 (29 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Mor2912192-339.html Cite as:
[1692] Mor 12192
Click here to view a pdf copy of this documet : PDF Copy
The Lords were divided on this question, if it was to be reputed a decreet in foro where a pary appeared, and produced an interest, as a ground of competition on the subject in controversy, but afterwards was absent, and proponed nothing upon his inserest; so that compearing in this manner, and finding his right posterior, he might withdraw, and then vex men with new processes; but the plurality found it a decreet in foro. Yet it could not be accounted a decreet in foro contradictorio, no defence being proponed, as the act of regulation 1672 requires.
Fol. Dic. v. 2. p. 205. Fountainhall, v. 1. p. 540.
