BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Carin v Wilson. [1672] Mor 12532 (21 November 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor2912532-414.html Cite as:
[1672] Mor 12532
A decree of an inferior court suspended, as it did not bear that the defender's oath was subscribed by himself.
Click here to view a pdf copy of this documet : PDF Copy
There being a decreet of the Bailies of Edinburgh betwixt James Carin and James Wilson, wherein the defender was decerned upon his oath; which decreet being now suspended, and craved to be reduced upon this reason, That the oath was not subscribed by the suspender, nor did not bear that he did declare that he could not write, and the truth is, that he having deponed, the clerk wrote his oath disconform to his meaning, whereupon he refused to subscribe it; it was answered, That the oath was subscribed by the Bailie, and the sum was small.
The Lords found, That the oath should have borne that the party declared that he could not write, or else should have been subscribed by him, or otherwise should have been holden as confessed, if he refused to depone or subscribe his deposition, as truly it was, and therefore ordained the suspender yet to depone.
