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[1695] 4 Brn 280      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Mr James Kirkwood
v.
Mr Jack

Date: 28 November 1695

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Mr James Kirkwood, late schoolmaster at Lithgow, now at Kelso, having been pursued before the Presbytery for some indecencies in his employment, he raises a pursuit, before the Commissaries of Edinburgh, against Mr Jack, minister at Kelso, for slanderous and reproachful expressions; that he was destitute of the grace and fear of God, and unfit to be trusted with the education of youth, and such like words. The minister presented an advocation of this process to my Lord Philiphaugh; upon whose report the Lords advocated the cause to themselves; though they are not judges to such causes in the first instance; but, in respect of the prejudiciality of the other action depending against Mr Kirkwood, they thought it reasonable to stop this till the other were tried.

Vol. I. Page 681.

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/1695/Brn040280-0625.html