Scottish Court of Session Decisions

Subject_Reference to Oath.— Headnote:

This was a question of a special nature, involving the competency of a reference to oath. The objectors contended, that, in the circumstances, the proposed referees were so divested of all interest in the subject-matter of the reference, that, if proof by parole had been competent, they might have been called as witnesses, and of course could not be allowed to depone under a reference to the oath of party. The Court adopted this vicio, and refused to allow the reference.