[1760] Mor 14977
Subject_1 SUMMARY APPLICATION.
Date: Mr Adam Rose, Petitioner.
23 February 1760
Case No.No. 16.
After decree no summary complaint competent.
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A petition was presented to the Court by Mr. Adam Rose, Minister of the Gospel at Dingwall, setting forth, That, in April 1759, he was examined as a witness at Dingwall, in the complaint at the instance of Mackenzie of Brae, against Colonel Scot and others; and complaining, That after he had emitted his deposition, Sir William Dunbar of Hempriggs used many injurious and indecent expressions with regard to his oath, charging him in pretty direct terms with perjury. And he prayed, That the complaint might be served, and Sir William found liable in damages and expenses.
The Lords found this summary complaint not competent, in regard the principal cause was determined, and out of Court.
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