Scottish Court of Session Decisions

Subject_1 WITNESS.

John Blair
v.
Dnin

Date: 21 November 1749
Case No. No. 28.

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Nisbet adduced a witness for John Blair to prove John Dinn's accession to a fraud against Blair, inducing him to accept a bill drawn on them two by James Blair, on the faith that Dinn was also to accept, and for their relief an assignation was granted to them by James Blair the drawer; and Dinn had acknowledged a contrivance to that effect by James Blair, and that he was privy to it. Whereupon I allowed John Blair to prove further acts of accession by Dinn. And Nisbet, who was writer and one of the witnesses to the above assignation by James Blair was adduced to prove that Dinn was present when the assignation was granted. Dinn objected that Nisbet is nephew to John Blair. Answered: He is also nephew to John Dinn's wife; 2dly, a necessary witness; 3dly, already a semiplena probatio. Yet the Lords sustained the objection anil cast the witness.