Report of the proceedings of the court of session in the Lethendy case, the rev. Thomas Clark against the presbytery of Dunkeld, and the rev. Andrew Kessen - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 Excerpt: ...and bring his summons into court without delay? Why did he not direct it against the patron? The parish was vacant, and the interests of the people unprovided for; the time for presenting fast expiring; and, in these circumstances, the Presbytery was called upon to deal with a regular presentation of the lawful patron. What could any Presbytery do but sustain that presentation? What could they suppose the complainer's design, by his summons, to be, but the fruitless one of harassing them with an action of damages in which he himself had no confidence whatever? At all events, they were required to act on the presentation of the Crown; and, in sober earnest, it was impossible for them, on any rules of law, but, more especially on the principle of the Auchterarder case, to do otherwise than to sustain the presentation, and to proceed precisely as they did upon it. Thus far, it appears to me that the matter is clear, and in reality free from any difficulty. The Presbytery could not refuse to proceed on the Crown's presentation, merely because the complainer, whom they had a right to consider as having no title whatever, had raised a summons of declarator and damages, which he had only partially executed, and had not brought into court, and to which neither the Crown nor the Crown's presentee was made a party. Their course was much clearer than that of the General Assembly in the case of Cadder, so very lately disposed of on the motion of Dr Cook, in which, let be it observed, no attempt was made to obtain any interdict. (See Min. of Deb. p. 24.) Here there was not even a depending process of any kind. The presentation was accordingly sustained on the 18th July 1837, and the Presbytery unanimously appointed a meeting for moderating the call on the 8th August. Wh...
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