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URL: http://www.bailii.org/scot/cases/ScotCS/1707/Mor2912380-179.html
Cite as: [1707] Mor 12380

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[1707] Mor 12380      
Subject_1 PROOF.
Subject_2 DIVISION I.

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

Nuda Emissio Verborum.

Livingston
 v.
Menzies

Date: 17 June 1707
Case No. No 179.

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It being sustained as a relevant objection against a witness, That, after citation, he had said he would swear best for the party that would pay him what was due to him; the Lords found this could only be proved by the witness's own oath; but allowed witnesses to be adduced to confront him; for not only was this a nuda emissio verborum, but if witnesses were to be admitted in such a case, there might be a progressus in infinitum.

 Fol. Dic. v. 2. p. 227. Fountainhall. Forbes.

*** This case is No 69. p. 3265. voce Deathbed.

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/1707/Mor2912380-179.html