Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PROOF.

Ramsay
v.
Steel

1771. March.

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Ramsay brought an action against Steel, concluding, that he should be decerned in aliment to a child brought forth by Ramsay, of whom Steel was the father. The action came before the Sheriff of Perth, and Ramsay and her sister emitted declarations, judicially, accusing Steel as the father; while, on the other hand, a counter-declaration was emitted by the defender. The Sheriff allowed Ramsay's oath to be taken in supplement. Steel complained by bill of advocation: The Lord Pitfour, Ordinary, remitted the cause simpliciter; and the Lords adhered.

In cases such as this, all that is often to be looked for, is a proof from circumstances; and therefore law has indulged the parties with an oath in supplement, as the only means by which the defect in the evidence, consequent from the nature of the cause, can be remedied.