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Scottish Court of Session Decisions >>
The Earl of Southesk v Boswell. [1680] 3 Brn 330 (31 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030330-0430.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Earl of Southesk v. Boswell
Date: 31 January 1680
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It was thought, though a reason of suspension ought to be instantly verified, yet a reply or duply in a suspension (which is also pars libelli,) needs not, since it may be emergent, and the proponer cannot come paratus et instructus to verify it: which is also Stair's opinion, in his Form of Process.
Yet, this point being reported on the 5th of Feb. 1680, the Lords found a reply upon re-compensation ought to be verified instantly, being in a suspension which was turned to a count and reckoning. This many thought strange; yet compensations should be instantly verified, especially in suspensions.
