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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Hallerton v His Wife. [1627] 1 Brn 143 (20 March 1627) URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010143-0315.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: The Laird of Hallerton
v.
His Wife
20 March 1627 Click here to view a pdf copy of this documet : PDF Copy
The Lords of Session may not suspend any decreet given by the Lords of Privy Council, neither are judges competent thereto. But the Lords of Privy Council themselves are only judges to all controversies and debates arising upon any decreet given by themselves, Bal. 16. 12. According hereto, 3d March, 1584, The tutor of Cassils having obtained a suspension of a decreet given against him by the Lords of Privy Council, they, notwithstanding thereof, ordained their decreet to be put to further execution, and discharged the Lords of Session to proceed to the discussing of the said suspension; which they did annul and discharge in all time thereafter.
This same question bred some jar between the Lords of Privy Council and the Lords of Session, about a supension granted by the Lords of Session to the Laird of Halkerton, younger, of a decreet-arbitral pronounced by the Lords of Privy Council, between him and his wife, which decreet he had obtained suspended upon alleged informality, and that they had proceeded ultra vires compromissi. But the matter was taken away without noise, he passing from his first suspension, and getting another from the Lords of Privy Council.
Page 182.
The electronic version of the text was provided by the Scottish Council of Law Reporting
