[1707] Mor 12380
Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. VIII. Nuda Emissio Verborum.
Date: Livingston
v.
Menzies
17 June 1707
Case No.No 179.
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It being sustained as a relevant objection against a witness, That, after citation, he had said he would swear best for the party that would pay him what was due to him; the Lords found this could only be proved by the witness's own oath; but allowed witnesses to be adduced to confront him; for not only was this a nuda emissio verborum, but if witnesses were to be admitted in such a case, there might be a progressus in infinitum.
*** This case is No 69. p. 3265. voce Deathbed.
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