Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

King
v.
- - -

1742, Dec. 14.
Case No. No. 35.

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An adjudication cognitionis causa before a Sheriff-Court being passed without any abbreviate, a bill of horning was presented and reported by Strichen, and delayed from time to time till this day; and the first question was, Whether the regulations 1695 and 1696 extend to adjudications cognitionis causa in inferior Courts, whereof formerly there was no abbreviate? and it seemed clear enough that these regulations only concern the Session. But then it also appeared that there was no authority from our giving horning on these adjudications against superiors, who are not called in the process and often not within the jurisdiction, which the act 1606 could not authorize; and though there was practice for our giving horning on such adjudications having abbreviates, (however there appears no authority even for that) that there was no practice for such horning without abbreviates;—and therefore the Lords refused the horning,—but appointed a committee, Drummore, Arniston, et Me, to make an act of sederunt for giving horning upon such adjudications with abbreviates;—and on a reclaiming bill, 14th December, adhered.—2d December 1742.