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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Straiton of Lithrisk v Thomas M'Gill. [1683] 2 Brn 45 (00 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020045-0125.html

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[1683] 2 Brn 45

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Straiton of Lithrisk
v.
Thomas M'Gill

1683. March.
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The witnesses adduced in a criminal process, for mutilation, before the justices, having, after compearance and answering to their names, been seduced to go away, whereby the dittay being remitted to an assize, the pannel was acquitted for want of probation;—the party mutilated raised a process, before the Session, for damage and interest, against the enticer of the witnesses to withdraw. Alleged for the defender, That such a process was a novelty, seeing non constat that the witnesses would have deponed that the mutilation was committed by the pannel. The Lords sustained process for damage, without putting the pursuer to prove what the witnesses would have deponed.
Page 255, No. 904.

The electronic version of the text was provided by the Scottish Council of Law Reporting