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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v The Tutor of Cassils. [1584] 1 Brn 123 (3 March 1584)
URL: http://www.bailii.org/scot/cases/ScotCS/1584/Brn010123-0246.html
Cite as: [1584] 1 Brn 123
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[1584] 1 Brn 123
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: -
v.
The Tutor of Cassils
3 March 1584 Click here to view a pdf copy of this documet : PDF Copy
The Lords of Session may not suspend any decreet given by the Lords of Privy Council, neither are judges competent thereto. But the Lords of Privy Council themselves are only judges to all controversies and debates arising upon any decreet given by themselves; Bal. 16, 12. According hereto, 3d March 1584, the Tutor of Cassils having obtained a suspension of a decreet given against him by the Lords of Privy Council, they, notwithstanding thereof, ordained their decreet to be put to further execution, and discharged the Lords of Session to proceed to the discussing of the said suspension; which they did annul and discharge in all time thereafter.
See Laird of Halkerton against his Wife, 20th March 1627; infra.
Page 182.
The electronic version of the text was provided by the Scottish Council of Law Reporting