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Scottish Court of Session Decisions >>
James Fithie's Children v The Earl of Northesk. [1693] 4 Brn 112 (27 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040112-0258.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Fithie's Children v. The Earl of Northesk
1693.
December22; and
December27.
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Lord Rankeiler reported some objections against Mr George Johnston, minister at Saline, why he should not be admitted a witness in the cause pursued by Mr James Fithie's children against the Earl of Northesk, about the taking a bond out of the charter-chest, and delivering it up. The objections were: That he was uncle to the children; that he had come ultroneously, at least his citation was after the day in the diligence; that he had betrayed his testimony, by writing a letter, containing what he could say in the cause; and that he had a cessio bonorum, or general suspension, against all his creditors. Some urged that he might be taken cum nota; seeing, in such clandestine conveyances as this, domestic servants, and witnesses otherwise inhabile, were receivable. But the Lords, before answer, ordained the bonorum and the letter to be produced.
Vol. I. Page 582.
December 27.—The Lords having heard the debate, on the objections stated supra, 22d current, against Mr George Johnston, as a witness; they found there was no ground to receive him: yet, seeing there was nothing of a transaction proven, between the tutors and Northesk, whereby the bond is alleged to have been delivered up to him, for some small gratuity and consideration; therefore they superseded to declare whether they would receive him or not, till there were farther evidences of the breaking up of the cabinet, and taking out this bond, and giving it to Northesk.
