You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Mary Dick v Heien Aiton and James Cassie, her Husband. [1738] Mor 12041 (24 February 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor2812041-119.html Cite as:
[1738] Mor 12041
Mary Dick v. Heien Aiton and James Cassie, her Husband
Date: 24 February 1738 Case No. No 119.
A party is not bound to confess or deny, in terms of the act of sederunt, 1st February 1715 where the subject claimed is an account prescribed quoad modum probandi.
Click here to view a pdf copy of this documet : PDF Copy
Dick having obtained a decreet against Cassie and his wife for 1000 merks, they afterwards craved, That certain articles of mourning, bed board, &c. furnished by them to her, might be allowed to be imputed in extinction of the sums pursued for, conform to an account given in; and insisted, That, before they condescended, she should confess or deny, in terms of the act of sederunt, 1st February 1715.
Mary Dick answered, The account produced is prescribed, and only probable by her oath (which she is willing to give;) in which case, the act of sederunt does not take place, it being only calculated for this purpose, that people might confess or deny a fact that was offered to be proved by witnesses, that in case it appeared, from the proof, it consisted with their knowledge, they might be liable in expenses.
The lords found the account not probable otherwise than by the pursuer's oath.
