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A witness summoned to compear at a certain day in an action of improbation of a testament, wherein the said witness was inserted, and a new day taken by the pursuer to summon the said witness again, because he compeared the first diet. In the mean time the said witness compears before the second diet, and desires to be examined. The pursuer being present, alleged, he ought not to be received, till the day whereunto he was summoned were first come. The Lords ordained the witness to be received, and depone within two days, that in that space the pursuser might prepare the interrogatories, and would not continue the examination till the pursuer might bring some gentlemen to be confronted with the witness, who heard him say that he was not present at the subscribing of the testament.
