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Scottish Court of Session Decisions >>
M'Donaid v M'Kenzie. [1627] Mor 12133 (21 July 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2812133-251.html Cite as:
[1627] Mor 12133
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
M'Donaid v. M'Kenzie
Date: 21 July 1627 Case No. No 251.
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Litiscontestation being made in a cause probable by witnesses, and in termino probatorio, the witnesses being at the bar, the defender chooses rather to refer the libel to the pursuer's oath than to admit the witnesses to depone, because they were Highland. The Lords ordain the pursuer to give his oath instead of all other probation; and because he was absent, the defender either to make the pursuer's expenses, to come and give his oath before the Lords, or to yield to a commission to take his oath in his own bounds.
