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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burnet v Lutgrue. [1675] Mor 4433 (5 February 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1104433-006.html
Cite as: [1675] Mor 4433

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[1675] Mor 4433      

Subject_1 FOREIGN.
Subject_2 DIVISION. I.

Foreign Writs, formal according to the Law of the place, afford action in Scotland, as obligatory jure gentium.
Subject_3 SECT. II.

Depositions not subscribed by the witnesses.

Burnet
v.
Lutgrue

Date: 5 February 1675
Case No. No 6.

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A commission being directed for taking the oath of a stranger residing in Holland, the report was questioned upon that pretence, that the stranger's deposition was not subscribed, albeit the commission did bear, that he should subscribe the same; and yet it was sustained, because of the custom of Holland, that the judges only subscribe, and the same was subscribed by them; and it was adminiculated with a letter from him, bearing that he had declared before the commissioners, and that he would adhere to what he had declared.

Clerk, Gibson. Fol. Dic. v. 1. p. 317. Dirleton, No 239. p. 115.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1104433-006.html