(1828) 3 W&S 365
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND, 1828.
2 d Division.
Subject_Title to Pursue — Process. —
An appeal sustained in name of an unincorporated Commercial Banking Company, and several of the individual partners, against a judgment of the Court of Session, in a process in which they were defenders.
This was an appeal against several judgments of the Court of Session, in actions raised by the respondents, as trustees of the late John Pollock, against the Commercial Banking Company of Scotland, and several individual partners nominatim. The case came on to be heard on the 28th March 1825; but an objection being taken, on the ground that the Commercial Banking Company was not a corporate body, and yet had been sued by their firm, and not by the names of the individual partners, farther proceedings were adjourned.
The case was afterwards taken up (16th May 1828), and argued on the want of parties.
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* See post, No. 29.