A witness related to the adducer was repelled, though nearer related to the objecter.
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In a process by a wife against her husband for separation and aliment, on account of maltreatment, she was allowed to adduce their common children as witnesses; not because they were the same relation to both parties, which were no good reason, but because they were necessary witnesses in re domestica.
Kilkerran, No. 9. p. 599.*** D. Falconer reports this case:
Mrs. Cuming insisted against her husband, a brewer in the Canongate, for a separation on account of maltreatment, and having adduced as witnesses the servants who from time to time were in the family, offered to adduce their common children, because for a considerable time he would keep no servant, during which he had maltreated her in the presence of the children, who therefore were necessary witnesses.
The Commissaries allowed the children to be examined, and the Lords refused a bill of advocation.
