Fife, a chairmaster, brought a process of divorce, on the head of adultery, against his wife, Christian Wilson, for alleged adultery with Paton. The Commissaries assoilyied, and found the libel not proven. Fife complained by way of advocation, and insisted that the proof was sufficient. The Lords found so, and remitted the cause to the Commissaries, with an instruction to find so.
In arguing this case, the Judges were unanimous, that it was competent to Fife to examine Paton, if he thought proper; but his counsel, thinking the proof already adduced, sufficient, declined it. If it was competent to Fife to do so, it was certainly equally competent for the defender to have done it; but her counsel, though they acquiesced in Paton's examination should Fife demand it, yet, on their part, they did not insist for it.