Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Meek, Skipper. [1677] 2 Brn 214 (13 January 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn020214-0475.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Meek, Skipper
13 January 1677 Click here to view a pdf copy of this documet : PDF Copy
Meek, skipper being first holden as confessed before a sheriff, and after being reponed by the Lords, and a day taken to produce him; he went to sea some days before the term; which being circumduced, a supplication was given in on that ground, that the skipper was gone abroad before the term.
Which the Lords refused, seeing he ought to have attended the term, or have offered his oath before the term; and, therefore, the Lords now refused to repone him in this second suspension, though he offered to depone, that he was not advertised by his advocate. And now, by supplication, he offers to refer to the charger's own oath the verity of his own libel. Which the Lords sustained, seeing “being holden as confessed” is but a presumptive probation, and therefore a positive probation of the contrary, by the oath of the pursuer, is sufficient to take off the same.
Vol. II, Page 493.
The electronic version of the text was provided by the Scottish Council of Law Reporting