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Scottish Court of Session Decisions >>
Lord Balmerino v Forrester. [1605] Mor 341 (21 June 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor0100341-002.html Cite as:
[1605] Mor 341
An advocate refusing to act against a Lord of Session, not having a lawful excuse, was compelled under pain of deprivation.
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My Lord of Balmerino President, pursued one Forrester for reduction of certain tacks. Mr Henry Balfour compearing for the defender, refused to take the burden of his cause, unless he had the concurrence of some other; and desired Mr John Russell, who absolutely refused to serve against my Lord President; which being reported to the Lords, by interlocutor They ordained him to serve the party under the pain of deprivation, seeing they were sworn to serve, all the King's lieges truly.——That same day a matter being at interlocutor, wherein after interlocutor, and Mr John having borrowed furth a piece out of the process, and being commanded by the Lord Ordinary in the outer-house, to re-deliver the same, and refusing, the Lords ordained him instantly to re-produce it, under the pain of deprivation.
