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Scottish Court of Session Decisions >>
Kellie v Winraham. [1629] Mor 7313 (29 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor1807313-028.html Cite as:
[1629] Mor 7313
Prorogation of the jurisdiction of a Judge, against whom there lies a personal objection. Prorogation of the jurisdiction of the Court of Session, in cases of which they are not judges in the first instance. Effect of proponing other defences after declinator is repelled.
Kellie v. Winraham
Date: 29 January 1629 Case No. No 28.
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A decreet of deprivation, pronounced by the Bishop of Dunkeld against Robert Winraham, as one of the prebendaries of the Chapel-Royal, was sustained though it was quarrelled by way of suspension, because the bishop who was judge, was rebel at the giving thereof, and so had no person to judge; which was repelled after sentence, the same not being proponed before the pronunciation thereof, l. 3. D. De officio Prætorum.——See Persona Standi.
