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John Fairholm and his Curators v Mr James Daes Advocate. [1687] Mor 2412 (16 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor0602412-009.html Cite as:
[1687] Mor 2412
John Fairholm and his Curators v. Mr James Daes Advocate
Date: 16 July 1687 Case No. No 9.
An advocate had received papers, not qua advocate, but tanquam quilibet.
Found incompetent to demand exhibition summarily.
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John Fairholm and his Curators gave in a petition against Mr James Daes Advocate, craving he may exhibit some papers necessary in a progress, where-unto he had right on Sir Alexander Home's estate.—Answered, 1mo, You show no right to them; 2do, I got them not qua Advocate, but tanquam quilibet from Mr Alexander Spottiswood, and so must be pursued by a summons via ordinaria.——The Lords refused to cause him depone summarily hoc ordine, though a member of the Court. But Fairholm was only seeking a judicial transumpt of them.
Fol. Dic. v. 1. p. 152. Fountainhall, v. 1. p. 467.
