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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macqueen and Spouse, Petitioners. [1781] Mor 7469 (21 December 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Mor1807469-187.html
Cite as: [1781] Mor 7469

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[1781] Mor 7469      

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. X.

Jurisdiction of the Court of Session, in reviewing the procedure of Ecclesiastical Courts.

Macqueen and Spouse, Petitioners

Date: 21 December 1781
Case No. No 187.

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During the dependence of the question between the petitioners and Mr Grant their parish minister, supra, No 186. p. 7466, Mr Grant requested the presbytery of Abernethy to take cognisance thereof. The presbytery gave a deliverance, declaring their opinion, “That Patrick Macqueen and his wife were not to be admitted, but to remain suspended from church privileges during the dependence of the action against Mr Grant; but that, upon their renouncing that process, and giving proper satisfaction to the presbytery, and conforming to the laws of the church, they should be restored to their former situation.”

Macqueen and his wife preferred to the Court of Session, a summary petition and complaint against this sentence, as oppressive, and highly derogatory to the dignity of this Court, before which the action depended; and concluded for a proper censure upon Mr Grant, and for such relief and protection to themselves as should be deemed necessary.

The petition was refused as incompetent.

For the Petitioners, Crosbie. Fac. Col. No 17. p. 35.

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/1781/Mor1807469-187.html