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A Highlandman, dwelling in the Isles, being holden as confessed upon a summons referred to his oath, after a term assigned to produce him, and decreet given against him, which being suspended, and the verity of the pursuit being deferred by the defender (whose own oath, being holden as confessed, was found could not be taken, in respect of the sentence) to the pursuer's oath, it was found that the pursuer could not be compelled to give his oath therein, neither by commission, nor yet cum onere expensarum, which were both offered by the suspender and refused.
Act. ——Alt. Nicolson.Clerk, Hay.
Fol. Dic. v. 2. p. 184. Durie, p. 445.
