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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomson v Irving. [1669] 1 Brn 601 (3 December 1669)
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Cite as: [1669] 1 Brn 601
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[1669] 1 Brn 601
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Thomson
v.
Irving
3 December 1669 Click here to view a pdf copy of this documet : PDF Copy
Thomson, having obtained a decreet before the commissaries of Aberdeen, against Irving, for payment of 100 merks; as likewise ordaining him to stand barefooted at the parish kirk, and in face of the congregation, to crave pardon for calling him a thief and robber:
The decreet was Suspended upon this reason:—That he had pursued Thomson before the sheriff for the same crimes; and, by the depositions of the witnesses produced, it appeared that the facts were proven. It was answered, That, notwithstanding of these depositions, Thomson was assoilyied. To which it was replied, That the sheriff's decreet was given by collusion; and the suspender offered yet to prove the said crimes.
The Lords found the letters orderly proceeded for the sum of money decerned; but did ordain the acknowledgment of the offence to be before the commissary court; in respect that the sheriff's decreet was not quarrelled either by reduction or a summons of error, and refused to receive any new probation.
Page 84.
The electronic version of the text was provided by the Scottish Council of Law Reporting