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 £1, 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 >>
Campbell v Man. [1740] Mor 9362 (18 January 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor2209362-013.html Cite as:
[1740] Mor 9362
Click here to view a pdf copy of this documet : PDF Copy
The practice has long been in spuilzies for the Lords to modify after the pursuer had given his oath in litem; but the method formerly was to ordain a condescendence of the damages to be, given in before taking the oath in litem, which the Lords modified as they saw cause, and thereafter took the pursuer's oath in litem, lest they should have modified too much; for the oath might restrict, but could not extend the modification.
And in respect of the said former practice, such was the method taken in this case.
Fol. Dic. v. 4. p. 21. Kilkerran, (Oath.) No 1. p. 359.
