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.

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.