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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wauchope of Niddry v Kers. [1692] Mor 12082 (23 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Mor2812082-184.html
Cite as: [1692] Mor 12082

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[1692] Mor 12082      
Subject_1 PROCESS.
Subject_2 SECT. VIII.

Incident Diligence.

Wauchope of Niddry
 v.
Kers

Date: 23 December 1692
Case No. No 184.

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The Lords found, after Niddry had led witnesses, and seen what they had deponed, he could not now crave others he condescended on to be examined, not being in his former diligence; though he offered to depone, that they were noviter venientes ad notitiam, and that it should not stop the advising of the cause; for this might open a great door for bribery, and subornation of new witnesses, where he saw the former had not proved as he expected.

 Fol. Dic. v. 2. p. 190. Fountainhall, v. 2. p. 538.

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/1692/Mor2812082-184.html