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Scottish Court of Session Decisions >>
Campbell v Tait. [1677] Mor 9422 (8 June 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor2209422-033.html Cite as:
[1677] Mor 9422
Whether a Party can be required to depone a second time upon special Interrogatories?
Campbell v. Tait
Date: 8 June 1677 Case No. No 33.
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The libel being referred to the defender's oath, and he having declared, upon a general interrogatory, that he was not owing the sum acclaimed, it was urged, the time of the advising of the oath, That the defender should declare, whether or not he had gotten a parcel of lint, and what way he had paid the price of the same.—The Lords found, that he should not be urged to declare upon that interrogatory, in respect it was not desired he should be interrogated upon the same when he did declare; and having denied that he was any ways debtor, he, would be involved in perjury, if, upon a special interrogatory, he should acknowledge that he was debtor upon the account therein mentioned.
Advocates, Stewart & Swinton.Clerk, Mr Thomas Hay.
Fol. Dic. v. 2. p. 14. Dirleton, No 453. p. 220.
