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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gladstanes v Hamilton. [1624] Mor 9379 (28 February 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor2209379-040.html
Cite as: [1624] Mor 9379

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[1624] Mor 9379      

Subject_1 OATH.
Subject_2 DIVISION III.

Oath of Calumny.

Gladstanes
v.
Hamilton

Date: 28 February 1624
Case No. No 40.

Found in conformity with Bulmer against Williamson, No 37. P. 9377.


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In an action of violent profits pursued by Gladstanes contra Hamilton, and certain others, wherein the defenders were absent, and the summons was referred to the parties' oath of verity, who were also in absence holden pro confessis; the Lords would not decern for the whole quantity libelled, albeit the parties were holden as confest, upon the whole quantity; but found, that in this, and all the like cases, when this case occurred, that the pursuer shall be holden before sentence to give his oath ex credulitate, upon the quantity of the yearly profits which he acclaims, and for the which he seeks his sentence, and that no decreet ought to be given in such matters, except the pursuer, by his oath, swear and depone upon the said quantity.

Act. Lawtie. Alt. Absent. Clerk, Scot. Fol. Dic. v. 2. p. 13. Durie, p. 115.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor2209379-040.html