BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
John H. Advocate v Erskine of Pittodrie. [1701] 4 Brn 512 (16 December 1701)
URL: http://www.bailii.org/scot/cases/ScotCS/1701/Brn040512-0006.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
John H Advocate v. Erskine of Pittodrie
Date: 16 December 1701
Click here to view a pdf copy of this documet : PDF Copy
Mr John H. Advocate gave in a bill, complaining, that, in a depending process between Erskine of Pittodrie and his mother, about her jointure, there being a commission directed to take Pittodrie's oath upon some points, he, as employed by the lady, did attend the executing of the said commission; wherein Pittodrie carried himself with that rudeness to the complainer, that he not only reviled him but threatened to affront him with his staff; and, seeing the members of the house were under the protection of the Lords, in going about the exercise of their employment, he craved redress.
The Lords considering that injuries and indignities, done to any of the College of Justice in their employments, used to be summarily cognosced and vindicated, without a formal process, they ordained him to be cited to answer to the bill; but the question arose upon how many days, six being usual in such cases: But, in regard he lived in Aberdeenshire, they appointed the citation to proceed on fifteen days, as a more competent time to answer.
