BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr John Hamilton v The Master of Balmerino. [1685] Mor 12094 (9 December 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2812094-204.html
Cite as: [1685] Mor 12094

[New search] [Printable PDF version] [Help]

[1685] Mor 12094      
Subject_1 PROCESS.
Subject_2 SECT. X.

Proof taken to lie in retentis.

Mr John Hamilton
 v.
The Master of Balmerino

Date: 9 December 1685
Case No. No 204.

Click here to view a pdf copy of this documet : PDF Copy

Mr John Hamilton, Minister of Edinburgh, having raised a proving of the tenor of a discharge against the Master of Balmerino, he gave in a bill, craving some of the witnesses may be examined ad futuram rei memoriam, to lie in retentis; because they were old and valetudinary, and some of them were members of the Session. The Lords refused it, because of the state of the process that it was only executed for the first diet, and the summons was yet blank, and the adminicles not libelled nor filled up.

 Fol. Dic. v. 2. p. 192. Fountainhall, v. 1. p. 383.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2812094-204.html