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The admissibility of these witnesses was objected to by the defender on the ground of relationship. The Commissary made avisandum with the objection to the Lord Ordinary; and his Lordship, after hearing parties, pronounced the following interlocutor:
‘The Lord Ordinary having resumed consideration of the debate on the admissibility of the near relations of the pursuers (the sisters and the sisters and brothers-in-law of the principal pursuer) as witnesses for her and her children in this declarator of marriage and legitimacy; sustains the objections of the defender to these relations being admitted as such witnesses, and refuses to remit to the Commissary to take their depositions: Appoints the cause to be enrolled, that the other objections taken by both parties in the course of the pursuer's proof may be disposed of.’
The pursuer reclaimed —praying their Lordships to find, that, in the circumstances of the case, these persons were admissible as witnesses.
Lord Glenlee .—I think the interlocutor should stand; but the words, ‘in hoc statu,’ might be introduced, as these witnesses may, in an after-stage of the proof, be admissible in replication of the defender's proof, as to the purpose of writing the letter of acknowledgment.
Lord Medwyn .—I am unwilling to introduce any words which might raise a doubt as to the rule fixed in Dalzell and Bell. These cases were not decided on any specialties.
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Common Room
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