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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pet. - Sheard [1867] ScotLR 3_325_1 (20 March 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0325_1.html
Cite as: [1867] ScotLR 3_325_1, [1867] SLR 3_325_1
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SCOTTISH_SLR_Court_of_Session
Page: 325↓
Court of Session Inner House Second Division.
Facts:
Commission granted to take the deposition of an aged pursuer of an action, without deciding whether it could ever be used as evidence.
The petitioner is pursuer of an action in which defences have not yet been lodged. She now, in respect of her old age, applied for a commission to take her deposition as a witness to lie in retentis.
Asher for the petitioner.
The Court granted the commission without expressing any opinion at present as to whether the deposition could be used in evidence, or whether, in any circumstances, a pursuer of an action can make his own deposition, when taken on commission, evidence.
Agents for Petitioner— Murdoch, Boyd & Co., S.S.C.