Scottish Court of Session Decisions

Subject_1 WITNESS.

Dr Park
v.
Dalrymple

Date: 19 December 1752
Case No. No. 190.

A witness liable to he set aside, because of proximity of blood to one of the parties, cannot be received, though he is of the same relation to the other party.

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Dr. Park brought an action upon the passive titles against Elizabeth Dalrymple, his wife's sister, for medicines furnished to her deceased father, and fees for attending him. He offered proof of the furnishings and visits; and among other witnesses, produced the widow of the deceased.

Objected: That the witness was the pursuer's mother-in-law, and therefore could not be received,

Answered, 1mo, The witness was also the defender's mother; and so, being equally related to both parties, there was no fear of partiality; 2do, She was a necessary witness.

Replied, 1mo, Equal relation to both parties does not take off the objection of relation; 2do, The furnishing of medicines, and visits of a physician, are open and voluntary acts, and are easily proved; therefore the widow was not a necessary witness.

“The Lords sustained the objection.”

Act Geo. Brown. Alt. Boswel. Clerk, Forbes. Fac. Coll. No. 48. p. 72.