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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blair v Blair. [1672] 1 Brn 547 (23 February 1672) URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn010547-1410.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Blair
v.
Blair
23 February 1672 Click here to view a pdf copy of this documet : PDF Copy
Witnesses being examined before answer ex officio:
It was desired, That, seeing ex facto oritur jus; and the Lords being unclear to decide, injure, before the point of fact were cleared by probation; and the point of law, and ground of their decision, is to arise out of the probation; and therefore they may see and debate upon the same: which was refused; seeing publicatio testimoniorum, by our law, is allowed in no case but in improbations ex quæstione falsi.
M'Kenzie. Alteri, Lockhart, &c. Page 67.
The electronic version of the text was provided by the Scottish Council of Law Reporting
