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Scottish Court of Session Decisions >>
Gordon of Cardines v Sir Alexander M'Culloch. [1673] Mor 4810 (18 November 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor1204810-019.html Cite as:
[1673] Mor 4810
Subject_1 FORUM COMPETENS. Subject_2 DIVISION. III.
Forum Delicti.
Gordon of Cardines v. Sir Alexander M'Culloch
Date: 18 November 1673 Case No. No 19.
Found that an action for scandal committed in Edinburgh, might be pursued before the Commissaries there, altho’ the delinquent had his family in another commissariot, he himself having been in Edinburgh 40 days before citation.
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In an advocation raised at William Gordon of Cardines's instance against Sir Alexander M’Culloch, of a pursuit intented against him before the Commissaries of Edinburgh, for slanderous and opprobrious speeches uttered against him, in calling him a murderer, oppressor and warlock, before many famous witnesses here at Edinburgh, upon this reason, that the said William was not a residenter there, but had his domicil in the west country, and so was only liable to the jurisdiction of that commissariot where he lived; it was answered, That it was offered to be proven, that before the uttering of those scandalous speeches he had resided 40 days constantly at Edinburgh, and therefore the question being only as to a legal citation to answer before the Judge of that place where the scandal was committed, ought to be sustained and the cause remitted. The Lords having considered a former decision in the case of Panmuir, No 60. p. 4847, where upon that ground, that he had resided three months in Edinburgh, the Commissaries were not found to have the confirmation of his testament, but the Commissary of Brechin, under whose commissariot he had lived with his family before he came to Edinburgh, they did find, notwithstanding, in this case, that the cause ought to be remitted to the Commissaries of Edinburgh, as being the place where the scandal was committed and could only be proven, and that the question being only as to a legal citation, was different from that of the Earl of Panmoor's, which was as to the confirmation of his moveable estate.
Fol. Dic. v. 1. p. 327. Gosford, MS. No 633. p. 367.
