If, in the extract of a process for the purpose of appeal, the grand decerniture has been inserted, the Court, on the appeal being dismissed, cannot proceed to determine the rest of the cause, uuless it sees fit to recall the extract, to the effect of allowing the parties to proceed.
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On moving a petition to apply the judgment in the House of Lords, dismissing the appeal in the case of Earl of Kinnoul against Hunter, voce Salmon Fishing, a difficulty occurred, how far the Court could now proceed to determine the quantum of damages, notwithstanding of a reservation, to be heard upon that subject before the Lord Ordinary, contained in the interlocutor appealed from; for, in extracting the proceedings for the purpose of the appeal, the grand decerniture had been thrown in, as if it had been a final extract.
This difficulty was removed, by a deliverance recalling the extract of the decree in question, to the effect of allowing the parties to be heard on the question of damages, and granting warrant to and ordaining the keeper of the record to transmit the warrants of the extracted decree to the clerk of the process.
Lord Ordinary, Craig.Act. Solicitor-Gonorat Btair.Agent, J. Keay, W. S.Alt. H. Erskine.Agent, H. Davidson, W. S.Clerk, Home.
Fac. Col. No 162. p. 365.
*** It was found, (Douglas petitioner, March 7. 1753,) that informations must be engrossed in the extracted decree. The case is No 86. p. 12020.
