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 DECLINATOR.

Douglas, Heron, and Company
v.
Earl of Galloway

Date: 2 December 1774

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A cause, at the instance of Douglas, Heron, and Company against the Earl of Galloway, having come in course before Lord Hailes, Ordinary in the Outer-house; his Lordship, not adverting that Sir Adam Ferguson, his brother-in-law, was a known member of that Company, assoilyied the defender, found expenses due, and decerned, (23d July 1774.) A representation being given in, the Lord Ordinary perceived his mistake, and observing, that a declinator lay against him, he recalled his interlocutor, and declined judging in it any further; reserving to the parties to apply to the Court for the nomination of another Ordinary.

They did so; and thereupon the Lords, “In respect of the particular circumstances of this case, remitted to the Ordinary on the Bills to recal the whole former procedure in the cause, and then to proceed in it further, and to do as he should see just,” (2d December 1774.)

The Lords thought that both of Lord Hailes' interlocutors were void; and therefore they worded their interlocutor and remit as above.