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Scottish Court of Session Decisions >>
Mr Robert Keith of Lentush v John Davidson. [1693] 4 Brn 94 (18 November 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040094-0216.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Robert Keith of Lentush v. John Davidson
Date: 18 November 1693
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On a petition given in by Mr Robert Keith of Lentush, against John Davidson, the President and some of the Lords demurred to modify expenses against Lentush as a calumnious litigant, though he succumbed, and the charger had denied the reason of suspension upon oath; seeing he had required his oath of calumny, if he had just ground to propone that reason, and he had given it in the affirmative; which is like a transaction;, and, being juratum, it must at least liberate him from expenses as temere litigans. But, before answer, they ordained the agent to depone on the truth of the debursement of the expenses in the account; which was also alleged to be exorbitant.
