Scottish Court of Session Decisions

After the judgment in this cause, mentioned ante XII. 536 (which see), the issues thereby approved came on for trial before the Lord Justice-Clerk. In support of his case, the pursuer offered inter alios as witnesses, certain partners of the Alloa Glass Company, who were objected to as inadmissible, on the head of interest. The Lord Justice-Clerk repelled the objection, and admitted the witnesses; and a verdict having passed for the pursuer, the defender tendered a bill of exceptions, in answer to which the pursuer contended, that no sort of interest on the part of the witnesses was set forth, the fact of their being partners of the company not importing any interest, it being to them a matter of indifference whether the pursuer, who was not alleged to be insolvent, and who was in any case bound to them, and to all third parties, for the shares in dispute, succeeded in obtaining relief from the defenders or not.