Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. VIII.

Nuda Emissio Verborum.

Goodin
v.
Murray

Date: 13 July 1700
Case No. No 178.

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It being objected against a witness, That he was ultroneous, in coming to the messenger, and desiring himself to be cited, the Lords considered that this was nuda verborum emissio, the import of which might be easily mistaken; the two expressions being very near, and yet differing in their import, If I were called, I know that matter, and, Call me, and I'll prove that matter; and, therefore, they found it could only be proved by the witness's own oath; but allowed a diligence for citing the messenger, and witnesses to be present at deponing.

Fol. Dic. v. 2. p. 226. Fountainhall.

*** This case is No 5. p. 9237. voce NautÆ, Caupones, &C.