Payment and Consignation how relevant to be proved.
A v. B
Date: 19 June 1605 Case No. No 129.
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In an action pursued by a man in Edinburgh for eight score two pounds, as the price of certain barrels of herring, exception was proponed of payment of a hundred and two pounds. In termino probatorio, it was said, the exception could not be proven but by writ or oath of party. It was answered, That the pursuer could not have proven his summons but by witnesses; and so it was lawful to the defender to prove his exception after the same manner. The Lords found, that they would not admit the exception to probation by witnesses, if the pursuer likes rather to prove his summons by writ or oath of party; otherways they would admit the exception to probation by witnesses.
