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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v Williamson. [1642] Mor 12497 (24 January 1642)
URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor2912497-362.html
Cite as: [1642] Mor 12497

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[1642] Mor 12497      
Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. I.

Messengers Execution.

Smith
 v.
Williamson

Date: 24 January 1642
Case No. No 362.

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In a subsidiary action against a Magistrate for suffering a prisoner to escape, the messenger's execution was found not, per se, probative, that the rebel was warded by command of the defender, but the instrumentary witnesses, or other habile witnesses, were allowed to be adduced.

 Fol. Dic. v. 2. p. 242. Durie.

*** This case is No 33. p. 11705. voce Prisoner.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor2912497-362.html