If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, 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!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cunningham v The Laird of Kerse. [1579] Mor 9375 (6 February 1579)
URL: http://www.bailii.org/scot/cases/ScotCS/1579/Mor2209375-033.html
Cite as: [1579] Mor 9375

[New search] [View without highlighting] [Printable PDF version] [Help]


[1579] Mor 9375      

Subject_1 OATH.
Subject_2 DIVISION III.

Oath of Calumny.

Cunningham
v.
The Laird of Kerse

Date: 6 February 1579
Case No. No 33.

Click here to view a pdf copy of this documet : PDF Copy

There was a process advised betwixt James Cunningham and the Laird of of Kerse. The Laird of Kerse being pursued for spoliation of certain corns, the witnesses proved nothing, or very little, and the most was deponebant hoc spolium fuisse commissum ex aliorum relocatione sed non interfuerunt facto; and the Laird of Kerse was summoned to give his oath de calumna, and was holden. pro confesso without sufficient probation of witnesses. The question was, whether the said Laird holden pro confesso without sufficient probation by witnesses, was it sufficient to give condemnator of the spuilzie against him? The matter being disputed among the Lords, they found, by sentence definitive, that the refusal to give his oath de calumnia was sufficient cause to give condemnator, although the matter was no otherwise proven.

Fol. Dic. v. 2. p. 13. Colvil, MS. p. 277.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1579/Mor2209375-033.html