Sir James Cunningham, of Milnecraig v Captain John Chalmer of Gadgirth, and The Earls of Loudon, and Stair, and Colonel Dalrymple: HL 24 Mar 1740

A proof taken in virtue of a diligence from the Court of Session, in the course of a submission, which came to an end without any decreet-arbitral being pronounced, admitted in the particular circumstances of the case, in a subsequent litigation between the same parties, the power of re-examining the witnesses being reserved.
The Court of Session having (by an interlocutor not appealed from) refused to make certain persons parties to a depending action,-it was found to be incompetent to call them as parties in the House of Lords, in an appeal from the final judgment in the action.

[1740] UKHL 1 – Paton – 267, (1740) 1 Paton 267
Bailii
England and Wales

Scotland, Litigation Practice

Updated: 06 January 2022; Ref: scu.554889