Title to Sue – Proof – Witness – Re-examination. – Held (1) that the respondents had sufficient title and interest to sue. (2) That it was competent to examine witnesses of new, who had been examined in Paris, in a process tournelle criminelle, in regard to the same matters. (3) That it was not necessary to make the cancellation of the witnesses’ previous testimony an absolute condition of their being examined of new; and, therefore, their evidence allowed to be taken, but to be sealed up, reserving all objections. (4) Copies or excerpts of documents, and proceedings had before a foreign court, were ordered to be produced in case the originals themselves could not be got, or delivered up.
[1764] UKHL 6 – Paton – 763, (1764) 6 Paton 763
Bailii
Scotland
Litigation Practice
Updated: 11 January 2022; Ref: scu.560632