Scottish Court of Session Decisions

Sequel of the case reported ante, p. 338, which see. It was then found, as in the case of M'Naughton, ¹ that a semiplena probatio was established, and the pursuer's oath in supplement was allowed. The oath expressly bore that the defender had had carnal connexion with the pursuer

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¹ June 2, 1838 (ante, p. 1108, which see).

and was the father of the pursuer's child. But it was destructive of the evidence of the principal witness on whose testimony the semiplena probatio had been found to be established. ^* The Court, therefore, on the principles which were announced by their Lordships in the case of M'Naughton, found that the Sheriff had done right in assoilzieing the defender, and remitted to him simpliciter. On this occasion Lord Core-house, who had not been present when the case of M'Naughton was decided, concurred with the rest of the Court in the judgment pronounced.