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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Janet Scott v William Oliver. [1778] 5 Brn 500 (5 March 1778) URL: http://www.bailii.org/scot/cases/ScotCS/1778/Brn050500-0524.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 LYON-COURT.
Date: Janet Scott
v.
William Oliver
5 March 1778 Click here to view a pdf copy of this documet : PDF Copy
Janet Scott having pursued William Oliver, before the Justices of the Peace of Roxburghshire, for the aliment of a bastard child, of whom, as she alleged, he was the father; the Justices decerned for the aliment: which Oliver suspended, inter alia denying the jurisdiction. The Lord Stonefield, Ordinary, turned the decreet into a libel; and although this in some sort evaded the question about the jurisdiction of the Justices, yet, in a reclaiming petition, the point having been argued, the Lords disregarded the objection, and held, from practice, the jurisdiction to be sufficient.
Where petty delicts are tried by inferior judges, without a jury, the Lords of Session have power to review the sentence by way of suspension : but, if there was a verdict of a jury, the suspension must go to the Justiciary. This seems to be the criterion. So thought, 4th December 1764, in a suspension brought by a woman banished furth of Scotland for three years by the Sheriff of Lanark for theft.
The electronic version of the text was provided by the Scottish Council of Law Reporting
