Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PROCURATOR.

Anderson and Davidson
v.
Robert Grant, Merchant in Leith

Summer 1769.

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A party giving authority verbally to his procurator, to make a reference to oath, in a process before the Judge of the Court of Admiralty, and naming a Commissioner for taking the oath; this held to be sufficient without a written mandate, Anderson and Davidson against Robert Grant, merchant in Leith.

Subject_2 PROOF.

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Helen Liddell pursued William Heugh, a tenant, for aliment of a child, of which, she said, he was the father. The Justices of Stirlingshire allowed the woman her oath in supplement; and, in an advocation which was past and discussed before Lord Monboddo, Ordinary, 7th July 1778, the Lord Ordinary remitted the cause simpliciter: and, upon a bill and answers, the Lords adhered, 15th January 1779. The circumstances against the man, were chiefly being twice with her in an out-house, at ten o'clock in the month of May, and some lesser circumstances, tending to show good acquaintance between them: he acknowledged an intended courtship, but denied criminal converse: no familiarities appeared. He objected to her character as to chastity with others; but this was denied, and the contrary seemed proved, viz. that she was a girl of good character. The Ecclesiastical Judicatories, both upon her part as of the church, and his, as a seceder, were against him. And this day, 3d February 1779, the Lords refused a petition without answers, and adhered.