Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferguson v Graham. [1777] 5 Brn 553 (00 March 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Brn050553-0623.html
Cite as: [1777] 5 Brn 553
[New search] [Printable PDF version] [Help]
[1777] 5 Brn 553
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.
Ferguson
v.
Graham
1777 .March .Click here to view a pdf copy of this documet : PDF Copy
By the regulations established by the Sheriffs, as to the form of process before their Courts, no procurator has power to make a reference to the oath of party without a special mandate to that purpose: a general mandate is not sufficient. See also Dict, Vol. II. p. 210; Bank., Vol. II. p. . In the case, Ferguson against Grahams, under consideration of the Court, 20th December 1775, the Lords seemed to be of this opinion, although they did not directly find so; and, on advising a reclaiming petition with answers, as the other party alleged there had been a written mandate for a reference to oath, they granted, before answer, diligence for recovering it; and the diligence being reported, and no written mandate produced, the Lords having resumed consideration of the petition and answers, they adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting