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[1677] 3 Brn 164      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Anent References to Oath

Date: 11 July 1677

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The Lords, by an act, declared, where a person referred a debt, or a reason of suspension or defence to a party's oath, and he simply denied it, the referrer, upon a bill given in to the Lords, should get L.40 Scots modified to him, tanquam poena temere litigantis. Whereupon there were sundry bills given in, the said Session, and the Lords decerned L.40 accordingly. Vide supra, 4th January 1677, No. 528, § 4, How a process is to be proven calumnious.

Advocates' MS. No, 602, folio 293.

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/1677/Brn030164-0194.html