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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Moncur v. Wilkie
Date: 12 June 1694
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In a case between Moncur, vintner in Edinburgh, and Wilkie, the Lords considered that one of the things which encouraged calumnious pleas was the not modifying suitable expenses; and therefore resolved to amend it: And in
this cause, the principal sum being only £36 Scots, and being calumniously suspended, the question arose, Whether the expense might be decerned so as to exceed the principal sum. And the Lords found it might; and therefore modified £40 Scots, in pœnam temere litigantis, as expenses of plea; though the account given in was £80, and some proposed to take their oath on the truth of it, and then decern. But the Lords thought that would augment the charge; and therefore choosed to restrict it.
