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Civil procedure – Suspension of diligence. Court of Session: In a petition to the nobile officium in which the petitioner applied for interim suspension of a charge for payment and interim interdict of further diligence in execution of a decree for payment, the court refused the motion, rejecting the contention that it was inequitable to allow the respondents to enforce the liability constituted in the summary decree, and holding that the petition did not disclose a prima facie case: it was incompetent and irrelevant.
Civil procedure – Suspension of diligence. Court of Session: In a petition to the nobile officium in which the petitioner applied for interim suspension of a charge for payment and interim interdict of further diligence in execution of a decree for payment, the court refused the motion, rejecting the contention that it was inequitable to allow the respondents to enforce the liability constituted in the summary decree, and holding that the petition did not disclose a prima facie case: it was incompetent and irrelevant.
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