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Scottish Court of Session Decisions >>
Carin v Wilson. [1672] Mor 12532 (21 November 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor2912532-414.html Cite as:
[1672] Mor 12532
A decree of an inferior court suspended, as it did not bear that the defender's oath was subscribed by himself.
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There being a decreet of the Bailies of Edinburgh betwixt James Carin and James Wilson, wherein the defender was decerned upon his oath; which decreet being now suspended, and craved to be reduced upon this reason, That the oath was not subscribed by the suspender, nor did not bear that he did declare that he could not write, and the truth is, that he having deponed, the clerk wrote his oath disconform to his meaning, whereupon he refused to subscribe it; it was answered, That the oath was subscribed by the Bailie, and the sum was small.
The Lords found, That the oath should have borne that the party declared that he could not write, or else should have been subscribed by him, or otherwise should have been holden as confessed, if he refused to depone or subscribe his deposition, as truly it was, and therefore ordained the suspender yet to depone.
