Found, that a debtor's deposition in a furthcoming to which his creditor was called, was conclusive in all processes about that debt.
Click here to view a pdf copy of this documet : PDF Copy
Lawrence Russel pursues George Cuninghame, for making a debt forthcoming as arrested in his hands, whereof he was debtor to Harry Moffat; and being referred to the defender's oath, he swears and is assoilzied. Moffat being called in the process thereafter, there is a new process pursued before the Lords at Moffat's instance against Cuninghame, who alleges, That res est bactenus judicata upon his oath, Moffat being called. It was answered, That Moffat was not compearing, nor pursuer of that process. Replied, His creditor arrester was pursuer compearing, and he himself called, whom the defender could not force to compear, and he himself forced to give his oath, otherwise to be holden as confest, and oaths so taken end the controversy without recovery.
The Lords assoilzied, yet they inclined to cause re-examine Cuningham, if it could be made appear, that there was any unclearness in the oath.
