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John Buchanan v William Wright of Faskin. [1706] 4 Brn 646 (8 June 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Brn040646-0139.html Cite as:
[1706] 4 Brn 646
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
John Buchanan v. William Wright of Faskin
Date: 8 June 1706
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Mr John Buchanan, writer in Edinburgh, pursues Mr William Wright of Faskin, doctor of medicine, for 700 merks owing him by Mr James Wright of Kerse, the defender's brother, whom he represents, for disbursements of law, and his pains, in defending him against John Callander's gift of recognition of Craig-forth; and, having no written instruction for the debt, he refers the libel and promise of payment to Doctor Wright's oath; and a day being taken to produce him to depone in January last, the term was circumscribed against him for not compearing: but conditionally, not to be extracted till the 5th of” June; that if he compeared betwixt and that time, he should be admitted and received. He now gives in a bill, with a testificate of his indisposition and inability to travel, and craves a commission to depone at Glasgow, where he dwells.
Answered,—No respect to his testificate, being impetrated from chirurgeons depending on him; and it is notour he goes up and down the city of Glasgow visiting the sick; and although he cannot ride, yet he may come in by coach. And the debt will be lost if a commission be granted; for Mr Buchanan has two persons who heard him say to confront with him, for refreshing his memory, which two he cannot persuade to go to Glasgow; so he must depone here.
The Lords thought the commission was too long a-seeking, and that the testificate was not positive: therefore they refused it; and prorogated the diet for his coming in till the 1st of July next, but so as to keep the circumduction fast. But the doctor offering to be at the expense of their journey to Glasgow and back again, to be confronted with him, the Lords, in these terms, gave him a commission; and, in case he should die before that time, that the decreet holding him as confest should go out against him and stand good, notwithstanding the prorogation of the term as to his deponing, that being only given him ex gratia.
