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Scottish Court of Session Decisions >>
The Laird of Hermieston v Cockburn. [1672] Mor 12164 (21 June 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor2912164-301.html
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The Lords found, That in the case, and in all time coming, where witnesses are adduced before answer, they will only allow one term; so that upon any diligence, they will admit no witnesses but those who are cited by the first diligence.
Clerk, Mr Thomas Hay.
Fol. Dic. v. 2. p. 202. Dirleton, No 171. p. 69.*** Gosford reports this case:
In the action depending betwixt the said parties, by an act both parties being ordained to adduce witnesses ex officio before answer; it was craved for the Creditors, That they having taken out diligence against some witnesses, they might have a second term for citing of other witnesses.
The Lords did refuse the same, and declared they would grant but one term for citing of witnesses ex officio, either to the pursuer or defender.
