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Five v Daw. [1667] Mor 15153 (6 November 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor3415153-034.html Cite as:
[1667] Mor 15153
Whether Reasons of Suspension must be instantly verified?
Five v. Daw
Date: 6 November 1667 Case No. No. 34.
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In a process for an apprentice fee against the father, who was the cautioner, the apprentice's diverting and absence were referred to the father's oath. He deponed, with a quality, that the master had beaten and put away his son. The Lords found, That the quality being super facto atieno did resolve in an exception, which he should have proponed, and could not be proved by his own oath; and yet, though the process was a suapession, wherein there had been a litiscontestation, the Lords allowed a term to prove the said quality.
Fol. Dic. v. 2. p. 413. Dirleton.
*** This case is No. 47. p. 13239. voce Qualified Oath.
