Scottish Court of Session Decisions

Subject_1Proof
Subject_2Perjury
Subject_3Subornation of Perjury.
Facts:

On 15th November 1888 the Court pronounced the following interlocutor:—“The Lords having heard counsel for the parties on the reclaiming-note for the pursuer against Lord Fraser's interlocutor of 30th June 1888, Recal the said interlocutor in hoc statu: Allow the pursuer to amend the record and the defender to answer the amendments, and in order thereto, open up the record, and the amendments and answers having been made of new, close the record as amended: Before further answer, and reserving all questions of expenses, allow the pursuer a proof of her averments with regard to the subornation of Elizabeth Fairbairn and Christina Ramsay Fairbairn: Appoint the same to proceed before Lord Rutherfurd Clark at such time and place as his Lordship shall fix, and grant diligence at the instance of the pursuer against witnesses and havers.”

Proof before answer was led, and the Court after considering the proof and hearing arguments, pronounced this interlocutor:—“The Lords having resumed consideration of the cause, with the proof adduced under the interlocutor of 15th November last, Find the averments of the pursuer irrelevant: Dismiss the action: Find the defender entitled to expenses.”