Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Browne
v.
John Akeman
29 November 1649 Click here to view a pdf copy of this documet : PDF Copy
The exception of John Browne against John Akeman, pursuing for a tackduty of money, viz. That he offered to prove victual delivered in satisfaction thereof, and counts betwixt them heard before honest men, was thought to be relevant to be proven by honest witnesses; against the common rule,—That writ can be taken away but by writ, or oath of party,—as hath been oftentimes decided in the contrary. Yet the Lords, before answering, would, ex officio, examine the said witnesses.
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