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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr David Dickson v Heritors of Newlands. [1768] Mor 12546 (6 February 1768)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor2912546-428.html
Cite as: [1768] Mor 12546

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[1768] Mor 12546      

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. IV.

Decrees, Acts of Court, &c.

Mr David Dickson
v.
Heritors of Newlands

Date: 6 February 1768
Case No. No 428.

Click here to view a pdf copy of this documet : PDF Copy

A minister being deposed by his Presbytery for irregularities, pursued the Heritors, who refused to pay him his stipend, and urged, That the sentence of deposition not being signed by the Moderator of the Presbytery, or any of the members, was void, in terms of act of Parliament 1686, cap. 3.—Answered, The act relates to civil, not ecclesiastical judicatories.—The Lords found the extract of the sentence, under the hand of the Presbytery Clerk, was not proper evidence of the deposition.

Fol. Dic. v. 4. p. 165. Fac. Col.

*** This case is No 184. p. 7464. voce Jurisdiction.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor2912546-428.html