Scottish Court of Session Decisions

Subject_1 ADVOCATE.

-
v.
Stuart of Archattan

Date: 3 February 1681
Case No. No 17.

An advocate cannot appear for parties out of the kingdom, without a written mandate.

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One—— pursues Stuart of Archattan, which being called, compearance was made for Stuart of Archattan, who craved to see.—It was answered, Archattan being a residenter in Ireland, no advocate could compear for him without a mandate; for though the trust of advocates presumes a mandate, as to those residing in the kingdom, that was never extended to residenters out of the kingdom—It was answered, That though a warrant be requisite for foreigners, yet Archattan is a Scotsman residing in Ireland, and hath an estate in Scotland.

The Lords found, That there could be no compearance for Archattan, he residing in Ireland, without a warrant in writ; and therefore resused a fight, and ordained the decreet in absence to be given out.

Fol. Dic. v. 1. p. 25. Stair, v. 2. p. 853.