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 £5, 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 >>
Captain Chalmers v Sir James Cuningham. [1733] Mor 14044 (15 December 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor3214044-027.html Cite as:
[1733] Mor 14044
Click here to view a pdf copy of this documet : PDF Copy
A process of count and reckoning, which had gone some length before arbiters, probation taken and interlocutors pronounced, having been brought before the Court of Session, after running out of the submission, without a decreet-arbitral; the Lords found, That the probation, taken before the arbiters, ought to be admitted as evidence, so far as the same is habile, and concluding upon the subject matter of it, reserving all objections upon the import or insufficiency thereof; and reserving to either party to re-examine such of the witnesses as are alive, the party being always at the charge of the re-examination, and the former depositions being previously cancelled; lastly, reserving to either party to adduce what other proof they think necessary. See Appendix.
