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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Home v The said Mr Patrick Home. [1676] 1 Brn 751 (21 January 1676) URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn010751-1727.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Mrs Home
v.
The said Mr Patrick Home
21 January 1676 Click here to view a pdf copy of this documet : PDF Copy
The said Mrs Home having given in a petition to the Lords for payment of a yearly annuity, which she was provided to by her father, the Lord Renton, as being her only aliment,—it was answered, That he could not be decerned upon a naked petition, but there ought to be an ordinary action raised, and he cited; and the same ought to proceed according to regulation, it being for a civil debt.
It was replied, That he was a member of the College of Justice, being an advocate, and this being in effect an alimentary action, it ought to proceed summarily upon a bill.
It was Duplied, That the petition not being against him for any malversation in his calling, but being the ground of a civil action, he was in the common condition of all other lieges.
The Lords, notwithstanding, ordained him to make answer to the petition, as having in their power, upon great necessity and weighty considerations, to proceed summarily upon bills. Which seems hard, albeit the case was favourable.
Page 532.
The electronic version of the text was provided by the Scottish Council of Law Reporting