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URL: http://www.bailii.org/scot/cases/ScotCS/1577/Mor2209374-030.html
Cite as: [1577] Mor 9374

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[1577] Mor 9374      
Subject_1 OATH.
Subject_2 DIVISION III.

Oath of Calumny.

Lady Lovat
 v.
Lord Lovat

Date: 5 April 1577
Case No. No 30.

Oath of calumny cannot be given by proxy.

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Anent the action pursued by the Lady Lovat against her son, the Lord Lovat was summoned to a peremptory day to give juramentum calumniæ, at the which day, the said Lord sent a procurator to give the said oath, as compearing himself. It was alleged by the said Lady, that it was not enough to the said Lord to send a procurator, but he should compear himself personally; which allegeance of the said Lady was admitted by the Lords, and the said articles whereupon the said Lord should have given oath holden pro confesso.

 Fol. Dic. v. 2. p. 12. Maitland, MS. p. 121.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1577/Mor2209374-030.html