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In a suspension, Muir contra L. Rowallan, the Lords sustained a reason of suspension founded upon a promise made by the L. Rowallan, and referred to his oath, albeit there was a decreet of removing given in foro contentioso against the same suspender, for failzie in proving of an exception, which was founded also upon a promise, and referred to the party's oath, and found not proved, and albeit the promise now admitted, was also alleged made before the sentence. This was against the order after sentence given, partibus comparentibus, but was done in favours of a poor person.
Clerk, Gibson.
Fol. Dic. v. 2. p. 208. Durie, p. 283.
