Scottish Court of Session Decisions

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.

David Williamson
v.
Auchmouty

Date: 27 November 1635

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There was a decreet of removing obtained by Mr David Williamson, minister, against one Auchmouty, before the provost and bailies of Couper in Fife, for removing from a tenement within the said burgh. This decreet was suspended on this reason, That it was null, as given against the said Auchmouty, who was an indweller in St Johnston in the mean time, and therefore could never have been cited before the magistrates of Couper, within whose jurisdiction she did not dwell. Answered, That ought to be repelled; because the magistrates of Couper were judges competent, ratione rei sitæ, and might proceed against the suspender, though she dwelt not within their bounds; likeas, the charger, in supplement, procured the Lords' letters and warrant to summon the suspender before the magistrates of Couper for the same cause, which was sufficient to supply all. Replied, The Lords' letters were ever granted periculo petentium; and, if the decreet were null of itself, the Lords letters' could not supply the nullity thereof. The Lords found the letters orderly proceeded, notwithstanding of this reason; for, in burghs, they use not to make any citation, but at the dwelling-house from which the party is craved to be removed; and it is customable also there to procure such suppletory letters of the Lords, to be a warrant to cite before them parties dwelling without their jurisdiction.

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