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Scottish Court of Session Decisions >>
Lady Milnetone v The Laird. [1672] 2 Brn 614 (00 January 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn020614-1022.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lady Milnetone v. The Laird
1672.
January.
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In the Lady Milnetone's case with the Laird, the Lords found that bribing and corrupting of witnesses may be objected in secunda instantia, and that the same being proven, the sentence of divorce which proceeded upon the depositions of these witnesses would reduce. Then the great question was, how the bribing was probable; for it seemed dangerous to refer to the lady's oath that she had bribed them, the import of that being criminal: and to prove it by witnesses would prove an endless vexation; seeing a reprobator of their testimony might be raised, as if they had been bribed to depone that the former witnesses were bribed, which second bribery, if it were probable by witnesses, ye might so go on in infinitum. The Lords found the lady should give her oath on it. Who deponed negative; whereon she was assoilyied from the reprobator. Sir G. Mackeinzie's pleading says, they found it probable per testes omni exceptione majores. Vide supra, thir same parties, 24th February 1668, page 439.
