Whether Reasons of Suspension must be instantly verified?
Stirling v. Hamilton
Date: 9 March 1636 Case No. No. 32.
A reason of suspension, that the charger poinded goods in satisfaction of his decree, cannot be proved otherwise than by writ or oath of party, for reasons of suspension must be instantly verifled, and cannot stop for diets to prove by witnesses.
Click here to view a pdf copy of this documet : PDF Copy
Stirling of Law charging one Hamilton for payment of £.16 contained in a decreet, obtained before the Bailies of the regality of Glasgow, for the price of some corns destroyed by the defender, and eaten by his goods; and he suspending upon this reason, that the charger had poinded a cow from the suspender, for satisfaction of the same cause, contained in this sentence; which being controverted how the same should be proved, by writ, oath of party, or witnesses; the suspender alleged, it was proveable by witnesses, being a mean matter of so small importance, and for such a cause, viz. for alleged eating of corns, which, as it was proved and constituted by witnesses, so might the liberation thereof also be proved by witnesses. The Lords not the less found that reason, bearing the poinding of a cow, ought to be proved by writ, or oath of party, and not by witnesses, seeing there was once a sentence obtained therefore; and this was in a suspension also, which ought not to have terms of probation after this manner by witnesses, which would tend to more fashrie and expenses, than the whole matter extended to.
