Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Mr James Horn v. James Strachan
Date: 26 January 1686 Case No. No 281.
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Drumcairne reported the debate betwixt Mr James Horn and James Strachan, anent the horse infected with the mord de chien, and returned back again secundum edictum ædilitium actione redhibitoria. The Lords turned Horn's decreet into a libel, in respect of this informality, that having referred his libel to the defender's oath, he had also led witnesses thereon; though it was alleged, That the witnesses were first adduced, and in so far as they did not prove, the libel was referred to the defender's oath; which the Lords found irregular, these two probations being contrary and incomptatible super eodem subjecto, and pursuers behoved to rest content with one of them. At last, the Lords ordained the depositions to be transmitted here.
Fol. Dic. v. 2. p. 201. Fountainhall, v. 1. p. 406.
