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In an action moved before the Commissary of Brechin, where the pursuit being referred to the defender's oath, and he summoned to that effect, at the which day of compearance, the defender producing the Lords letters of advocation, discharging the Commissary; and the pursuer instantly producing horning against the defender, whereby he debarred him to produce that advocation, or to compear in the cause against the defender; and whereupon the Commissary proceeded, and decerned in the cause against the defender, as debarred with horning: This decreet being suspended, as done and pronounced spreto mandato judicis, and so is null; and the other maintaining the decree, as a sentence standing, and also as lawfully given against the defender, now suspender, seeing he was debarred by horning, and so could not use advocation:——The lords found the decreet evil given, and that the same was null, seeing the advocation was produced to the judge, before the horning was produced; and that the judge ought not to have proceeded, the advocation being produced to him before the sentence; and the Lords reponed the suspender to all his defences, and ordained them to dispute presently in this place, upon the principal cause, as if no sentence were given.
