Causes in which the Court cannot judge in the first Instance.
Margaret Callendar v. Jonn Boway
1687.
July. Case No. No 112.
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Though by the sixth act, Parliament 20. James VI., the Commissaries of Edinburgh are appointed sole judges to the reduction of inferior Commissaries' decreets, yet the Lords advocated, ob contingentiam causa, the reduction of a decreet dative ad omissæ, pronounced by the Commissary of Stirling, in respect some of the sums omitted were produced before the session by the obtainer of the dative.
Fol. Dic. v. 1. p. 496. Harcarse, (Adjudications.) No 17. p. 5.
