Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Gairden v. Gairden, her Husband
Date: 12 December 1678
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A bill of advocation was presented to the Lords of Session, of a process of divorce upon adultery, pursued before the Commissaries of Edinburgh, by one Gairden, against Gairden beer husband, in regard of some irregularity and informality in the Commissaries' procedure, in examining of witnesses before litiscontestation.
The Lords refused the hid, end remitted it back to the Commissaries, as the only judges competent to such actions in the first instance; but if they had toured any irregularity, the Lords, would have rectified the same, and sent it back to the Commissaries; as they have done in the case of services of brieves, and the like. See an example of it in the case of Fork and Fyfe, July 1673. Item, in advocations from the Admiral Court, June 1673, [No. 391.]
