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

Scottish Court of Session Decisions

PLEASE SUPPORT BAILII & FREE ACCESS TO LAW


To maintain its current level of service, BAILII urgently needs the support of its users.


Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.


Thank you for your support!


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lo. Duffus v Monros. [1625] Mor 9379 (13 January 1625)
URL: https://www.bailii.org/scot/cases/ScotCS/1625/Mor2209379-041.html
Cite as: [1625] Mor 9379

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


[1625] Mor 9379      

Subject_1 OATH.
Subject_2 DIVISION III.

Oath of Calumny.

Lo Duffus
v.
Monros

Date: 13 January 1625
Case No. No 41.

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


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

In an action of ejection for a salmon-fishing, pursued at the instance of the Lo. Duffus against Monros, and for payment of the profits since the ejection, the summons being proven, and the special quantity of the profits of the fishings being also clearly proven, the Lords, nevertheless, before they would decern for that special quantity which was proven, and albeit the defenders were likewise holden as confest, for not giving their oaths de calumnia, yet, at the advising of the process, found that the pursuer ought to give his oath de credulitate, upon the quantity of the profits, and would not pronounce sentence thereupon, until the time he, by his oath foresaid, deponed that the profits extended to the quantity, for the which the summons was proven; and this was found, albeit no party defender compeared in the cause.

Act. Belshes. Alt. Absent. Clerk, Gibson. Fol. Dic. v. 2. p. 13. Durie, p. 156.

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: https://www.bailii.org/scot/cases/ScotCS/1625/Mor2209379-041.html