Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. VIII.

Incident Diligence.

Monteith
v.
Mr John Anderson

Date: 15 December 1665
Case No. No 180.

In an incident, four terms were allowed for proving the having of the writs by witnesses.

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

In a reduction at the instance of Monteith against Anderson, a reason of payment being found relevant, Mr John produced an incident, at the first term, and a diligence against witnesses, for proving the having of the writs, at the second term.

Which incident the Lords sustained, and would not restrict the terms of probation in the incident to horning against witnesses, and caption; but allowed four terms, and ordained the same to be shorter.

Stair, V. 1. p. 327.