Costs and Expences – One of the defenders in a spuilzie, who was an officer in the king’s service during the rebellion, being assoilzied, petitions for his expences, which are refused by the Court, but the judgment is reversed upon appeal, and the Court is ordered to tax and ascertain his costs.
Witness – In a spuilzie brought against the leader of a party, on the king’s side during the rebellion, persons belonging to that party were valid witnesses for the defender.
Spuilxie – The Court having found the leader of said party liable in damages, without hearing him upon the relevancy; their judgment is reversed, and they are ordered to hear the defender on the relevancy.
[1724] UKHL Robertson – 477, (1724) Robertson 477
Bailii
Scotland
Updated: 23 August 2021; Ref: scu.553901