Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

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Date: 8 January 1756

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An account of furnishings to the defender's deceased husband being prescribed, it was referred to her oath whether it was resting owing, in terms of the Act of Parliament concerning the triennial prescription of merchants' accounts.

The Lords found unanimously that it was not sufficient for the widow to depone simply not owing, but she must answer special interrogatories, as, Whether or not it did consist with her knowledge that her husband had submitted the payment of this account to arbiters; and whether or not she did not hear him acknowledge that he had got the things stated in the account, but complained that the prices were too high? And, in general, the President laid it down as a rule, that the party was obliged to depone specially whether he had got the things, and, having got them, whether he had paid them, or how? And if he should allege, not payment but compensation, that would be an extrinsic quality in the oath, to be proved otherwise.