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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hislop v Smart. [1703] Mor 12331 (20 November 1703)
URL: http://www.bailii.org/scot/cases/ScotCS/1703/Mor2912331-107.html

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[1703] Mor 12331      

Subject_1 PROOF.
Subject_2 DIVISION I.

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

What Proof relevant to take away Writ.

Hislop
v.
Smart

Date: 20 November 1703
Case No. No 107.

Click here to view a pdf copy of this documet : PDF Copy

A messenger, who suffered a prisoner to escape, alleging a posterior paction with the party, whereby he was bound to apprehend and incarcerate the prisoner, which he had now done, and in which case the party was to pass from any action against him for letting the prisoner escape; the Lords found this paction to be of the nature of a promise, and so not relevant to be proved by witnesses, but only scripto vel juramento.

Fol. Dic. v. 2. p. 220. Fountainhall.

*** This case is No 19. p. 8342, voce Litigious.

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/1703/Mor2912331-107.html