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Napier v Young. [1750] Mor 16758 (31 January 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor3816758-181.html Cite as:
[1750] Mor 16758
The messenger is admitted to be a witness in a deforcement.
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It appears from Sir George M'Kenzie, Tit. Deforcement, That in his time the messenger deforced, even though the pursuit was not at his own instance, was not admitted to be a witness in a deforcement. But by the present practice, which of a long time has obtained, where the process is not at the messenger's instance, but at the instance of the private party injured, or of His Majesty's Advocate, messengers are admitted as witnesses. And accordingly, a constable who had been deforced, was, in a process at the instance of the private party, in this case admitted to be a witness.
