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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Elphingstoun v The Earl of Lothian. [1679] 2 Brn 249 (26 February 1679)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: John Elphingstoun
v.
The Earl of Lothian
26 February 1679 Click here to view a pdf copy of this documet : PDF Copy
In the process at the instance of John Elphingstoun and Balmerino, against the Earl of Lothian, disputed upon the 24th of January last, the Lords, having ordained Cockpen and others to be examined, ex officio, how the blank bond in question came in Sir Thomas Nicolson's hand, for what cause, and to what effect:—either party having given in interrogatories, Cockpen desired that he might be allowed to give in his oath in writ, in answer to the interrogatories of both parties, or to have liberty to look upon the paper he had drawn in answer to their interrogatories, in respect of his age, being eighty years.
The Lords refused both these desires, as being a preparative opening a way for prompting and instructing of witnesses how to depone, and hindering the expiscation of the truth.
Vol. II, Page 703.
The electronic version of the text was provided by the Scottish Council of Law Reporting