Subject_1 ARBITRATION. Subject_2 Summoning of Witnesses.
William Stevenson v. Young of Winterfield
Date: 26 June 1696 Case No. No 18.
A cause being in dependence before arbiters, the Lords granted diligence by horning, at the instance of one of the submitters, against third parties, to exhibit writs necessary.
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William Stevenson, late bailie of Edinburgh, gives in a petition, representing he had a process depending against Young of Winterfield, which both parties had submitted; and for clearing the arbiters there were some papers in third parties hands, which were necessary for instructing his claim, and the passive titles; and therefore craved the Lords would grant a diligence by horning, to cause them exhibit those papers.——The Lords, considering that all methods should be used for facilitating the extinguishing and stopping of pleas, they granted the desire of the bill; especially seeing it is observed by Stair, that the Lords, on the 6th of January 1670, between Ker of Cavers and Golden-berrie, (No 17.) granted letters to charge witnesses to compear, and depone before arbiters; and this seems to be a case equally favourable.
Fol. Dic. v. 1. p. 50. Fountainhall, v. 1. p. 723.
