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Shaw v Sauchie. [1630] Mor 12136 (22 December 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2812136-261.html Cite as:
[1630] Mor 12136
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Shaw v. Sauchie
Date: 22 December 1630 Case No. No 261.
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In an incident for recovery of writs, diverse persons being summoned as havers of the said writs, after litiscontestation, the pursuer of the incident passes from some of the persons who were summoned as havers, and summons them as witnesses. It was alleged, That after litiscontestation they could not be used as witnesses, who were first summoned as principal parties in the incident. The Lords found they might be passed from and used as witnesses.
