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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Walker v. Ronald
Date: 25 June 1670
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This was an action for proving the tenor of a writ that was lost, wherein it was alleged They behoved to be clear and special super casu omissionis, otherwise the bond must be presumed not lost but retired.
To which it was replied, it was impossible to be clear on that, viz. what way, in what part, and at what time, he lost it; for if a man remembered these circumstances, he needed not prove the tenor, but after some search he might recover the very writ. The casus omissionis here was, that the party to whom the bond was granted his wife foolishly and recklessly had burnt the same at a candle, at which time there being none present, and so none could depone thereon but herself.
