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Edgar v Carnegie of Balnamoon. [1694] 4 Brn 211 (13 November 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040211-0476.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Edgar v. Carnegie of Balnamoon
Date: 13 November 1694
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In Edgar's improbation, against Carnegie of Balnamoon, they found the maxim, Nunquam concluditur in causa falsi, was in favours of the defender, and not the pursuer; and that, having abidden simply by the writ, he needed not condescend quo modo he came by it. And they refused to reexamine the witnesses who had already deponed; but permitted him to adduce such as had not been already examined, providing it did not hinder the advising of the cause.
