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Scottish Court of Session Decisions >>
Young v Watt. [1747] Mor 6775 (19 November 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor1606775-208.html Cite as:
[1747] Mor 6775
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Elizabeth Young having proponed improbation by way of exception before the Ordinary, against a receipt produced by James Watt, defender, in a process at her instance against him; after the said Watt had abidden by, and that several witnesses had been examined before the Ordinary, the pursuer, Elizabeth Young, applied by petition, craving that Watt, the defender, might be brought before the Lords, to answer such interrogatories as should be put to him; which was refused, as in all views out of form; for besides, that, after witnesses are examined, it is irregular to ask an examination of the party, so where an improbation is proponed, only by way of exception before the Ordinary, which resolves into no more than a voidance of the debt, it is the Ordinary only who examines the party; and the party is never examined in presence, but where the forgery is brought before the Court by complaint.
