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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Law v Lundin and Lumsden. [1747] 1 Elchies 308 (24 June 1747)
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Cite as: [1747] 1 Elchies 308
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[1747] 1 Elchies 308
Subject_1 OATH OF PARTY.
Jean Law
v.
Lundin and Lumsden
1747 ,June 24 .
Case No.No. 2.
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This woman sued these two defenders on furnishings to them by her deceased husband, and she adduced one witness against each. One of them proved nothing. The other proved very little, and she then stopped arid referred her libel to oath; but Drummore, Ordinary, after advising with us, found the oath of party not competent after adducing witnesses. The pursuer reclaimed, and this day first we altered as to the process against Lundin, wherein Kilkerran concurred, because the witness proved nothing; 2dly, we also altered as to Lumsden, wherein Kilkerran voted against the present interlocutor, because the witness in this case seemed to prove something. However we found both defenders must still depone, renit also Drummore, Amiston, &c.
The electronic version of the text was provided by the Scottish Council of Law Reporting