Process – res judicata – A party having been prosecuted before the Court of Justiciary, on a criminal charge, concluding likewise for damages and expenses, and acquitted,-found to be still subject to a civil action.
Oath of party- Found to be discretionary with the Court whether or not to grant commission for taking the oath of a party who was out of Scotland at the time.
[1731] UKHL 1 – Paton – 60, (1731) 1 Paton 60
Bailii
Scotland
Updated: 06 January 2022; Ref: scu.554553