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The pursuer reclaimed, and, inter alia, pleaded —That supposing the objection stated in the interlocutor to be, in itself, well founded, yet as there was no preliminary defence, or plea in law in the record, that the summons was not properly framed, the objection could not be entertained.
Answered .—Where it appears to the Court itself, whether pleaded by the party or not, that the summons does not correctly or sufficiently set forth the media concludendi, judgment cannot competently be given upon it; and accordingly this rule has frequently been given effect to, even when the objection has, for the first time, been started in the Court of ultimate resort.
Lord Fullerton, Ordinary. For the pursuer, Dean of Fac. (Jeffrey,) Jameson. Alex. Douglas, W. S. Agent. For the defenders, Murray, Henderson, Handyside. Ker and Dickson, W. S. and James Smaill, Agents. F. Clerk.
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