Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. VIII.

Incident Diligence.

Carruthers
v.
Johnston

Date: 23 November 1627
Case No. No 170.

Click here to view a pdf copy of this documet : PDF Copy

In an improbation pursued by John Carruthers of Rammerskails against Thomas Johnston, the defender raised an incident for recovering of the whole evidents called for generally, without condescending upon any in particular. Alleged, That the incident could not be sustained, because there was no particular writ called for, so that witnesses could not be received fur proving thereof. Answered, That ought to be repelled, because he calleth for the whole writs contained in the summons of improbation, and he is as special in the incident as the summons. The Lords would not sustain the incident, unless the pursuer thereof condescended upon particular evidents which was yet permitted him to do.

Spottiswood, (Incident Diligence.) p. 172.