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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ross v Young. [1630] 1 Brn 222 (26 January 1630)
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Cite as: [1630] 1 Brn 222
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[1630] 1 Brn 222
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Ross
v.
Young
26 January 1630 Click here to view a pdf copy of this documet : PDF Copy
In an incident pursued by Ross against Young, at the third term he desired letters to summon some witnesses out of the country, upon sixty days. Alleged, He having summoned some witnesses out of the country at the first term, upon the sixty days, he ought not now to have the like; but he should then have condescended upon all his witnesses that were out of the country. Replied, He offered to make faith that they were necessary witnesses, and cannot be prejudged. The Lords would not grant it, for by that means diligence should run out to an infinite time.
Page 246.
The electronic version of the text was provided by the Scottish Council of Law Reporting