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Scottish Court of Session Decisions >>
Wemyss of Hoody v Wemyss of Nutbank. [1692] 4 Brn 6 (22 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040006-0013.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Wemyss of Hoody v. Wemyss of Nutbank
Date: 22 November 1692
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The advocation raised by Wemyss of Hoody against Wemyss of Nutbank, from the steward of St. Andrews, being reported, the Lords sustained the two reasons of advocation, 1mo, That he refused or delayed to take the pursuer's oath of calumny on the libel in principio litis, though afterwards he did it; seeing every one is bound to swear quoad lis sibi justa vidit. Yet the President thought the Judge was not bound to grant it, till some relevant allegeance was proponed.
The 2d ground was, that the steward refused to give separate interlocutors on the defences, till he heard all they had to say; which, though it be very reasonable in a Judge to have the whole before him, yet here it appeared to be done ex proposito to stop and prevent an advocation, by pronouncing his interlocutor and definitive sentence with one breath, to put him to a suspension to find caution, where he would be straitened because of the greatness of the claim.
