A witness within the forbidden degrees to both parties. - Nephew-in-law received.
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The objection to a witness adduced by the defender, in an improbation for proving his approbatory articles, that he was within the forbidden degrees to the adducer, was sustained, notwithstanding the answer, That he stood in the same relation to the pursuer; as had been formerly done, Jan. 24. 1744. A. against B. No. 170. p. 16749.
It was doubted by some of the Lords in this case, Whether a nephew-in-law was a habile witness; for that they inclined to think, that it was a good declinator of an inferior Judge, that he was uncle or nephew-in-law to the party, though it be not a ground to decline a Lord of Session. But the Lords repelled the objection.
