Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. XII.

Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.

M'Donaid
v.
M'Kenzie

Date: 21 July 1627
Case No. No 251.

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Litiscontestation being made in a cause probable by witnesses, and in termino probatorio, the witnesses being at the bar, the defender chooses rather to refer the libel to the pursuer's oath than to admit the witnesses to depone, because they were Highland. The Lords ordain the pursuer to give his oath instead of all other probation; and because he was absent, the defender either to make the pursuer's expenses, to come and give his oath before the Lords, or to yield to a commission to take his oath in his own bounds.

Fol. Dic. v. 2. p. 200. Auchinleck, MS. p. 117.