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Mr William Dundas v Hugh Wallace. [1686] Mor 12147 (11 December 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor2812147-282.html Cite as:
[1686] Mor 12147
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Mr William Dundas v. Hugh Wallace
Date: 11 December 1686 Case No. No 282.
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Mr William Dundas, Advocate, having raised a reduction against Hugh Wallace's son, of Major Biggar's rights to him of the lands of Wolmet, as mentioned 10th November 1683, voce Quod ab Initio Vitiosum; and the first term being run, he takes up his process, because of Melfort's favour for Hugh; whereupon Hugh Wallace gives in a bill, craving he may be ordained to re-produce it, and to insist; and alleged from Stair's Decisions, 6th June 1665, where Sir William Thomson was ordained to give back his process anent the clerkship, against the Town of Edinburgh, which he had thus stolen up, voce Public Officer. Answered, That was after debate; and Pitmedden, in Reid of Bara's case, 23d December 1685, No 280. p. 12145. was permitted to pass from his summons.—The Lords would not force Mr William Dundas to re-produce it.
Fol. Dic. v. 2. p. 196. Fountainhall, v. 1. p. 436.
