Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
James Dunbar, Merchant in Inverness, v. The Earl of Cromarty
Date: 16 July 1713 Case No. No 290.
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The Earl of Cromarty being charged at the instance of John Dunbar, upon two bonds for borrowed money, he suspended, and raised improbation of the bonds, upon the head of falsehood; after the suspender's consigning L. 40, the charger's giving in articles of improbation, and abiding by the verity of the bonds quarrelled sub periculo falsi, but before any act was extracted, the Lords allowed the suspender to pass from his improbation, and found, upon payment instantly verified, by discharges produced, he always deponing de calumnia, that these discharges came to his hand after proponing falsehood; the meaning of the brocard, exceptio falsi est omnium ultima, being, that one who hath proponed the exception of falsehood cannot, after he is concluded by an act extracted upon it, recur to other defences, and payment instantly verified being the most favourable defence. But the Lords ordained the L. 40, consigned by the suspender, to be given up to the charger.
