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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1747] 1 Elchies 511 (16 June 1747)
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Cite as: [1747] 1 Elchies 511
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[1747] 1 Elchies 511
Subject_1 WITNESS.
A
v.
B
1747 ,June 16 .
Case No.No. 25.
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Drummore reported a question, Whether a witness could be received who is sister to the adducer, but who is daughter to the person against whom she is adduced? Kilkerran mentioned a similar question reported by me 24th January 1744, (No. 21.) wherein I had once given an opinion repelling the objection, but upon many precedents from Balfour, Hope, Haddington, &c. taken it to report, and the Lords sustained the objection; as they did also in this case. And Arniston observed that by the argument used for repeling the objection, one might be Judge for his near relation, if the other party was equally near. A strong authority was also cited from Voet for the objection.
The electronic version of the text was provided by the Scottish Council of Law Reporting