Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

The Lady Milntoun
v.
The Laird of Milntoun

Date: 13 December 1672

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In the reprobator, pursued at the Laird of Milntoun's instance against the Lady, for corrupting of the witnesses who had deponed in a process of divorcement, wherein she had obtained decreet before the commissary against her husband;— it was craved for the lady, by a bill, That she might have diligence for citing of witnesses to prove that the Laird himself had corrupted those witnesses; which, being proven, will incapacitate him to pursue this action of reprobator against her.

It was answered, That the desire of the petition could not be granted; because the Lady, having obtained decreet upon the depositions of the same witnesses, unless she would renounce the benefit thereof, she could not pursue a reprobator before the Lords against the Laird of Milntoun; for they are only pursued before the Lords ad civilem effectum, to take away decreets which are only founded upon the depositions of these witnesses.

The Lords refused to grant the desire of the bill; and found, That the Lady, craving the same only ad vindictam, and, notwithstanding, pursuing her interest upon the said decreet, which she would not renounce,; could only pursue the reprobator before the justice.

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