A Treatise On the Law of Evidence in Scotland volume 2

Cover A Treatise On the Law of Evidence in Scotland volume 2
A Treatise On the Law of Evidence in Scotland volume 2
William Gillespie Dickson
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The ground of decision was, that the party had not been properly examined on the processes of sequestration, so as to have made them part of his oath ; the Court considering that if the examination had been complete, he might have explained the ap- parent contradiction. The oath, also, had been emitted at the end of a long litigation, and the landlord's mode of dealing with it in- volved a protracted investigation as to the disposal of the proceeds of the sequestrations. This case, therefore, d...oes not come into con- flict with the principles established by Cooper v. Hamilton and kin- dred decisions (w).^ CHAPTER VIII. — OF QUALIFIED OATHS ON REFERENCE.
§ 1632. When a party, instead of answering categorically the questions referred, makes a partial admission, and adds an explana- tory statement in his own favour, he is said to emit a qualified oath, and the question arises whether effect is to be given to the qualifi- cation. Such cases depend on whether the qualification is intrinsic or extrinsic to the reference, or (as Dirleton defines these terms) whether or not it is "inherent in the act and matter in ques- tion " (a).


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