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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anderson v. Glasgow and Southwestern Railway Co. [1865] ScotLR 1_68_1 (9 December 1865)
URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0068_1.html
Cite as: [1865] SLR 1_68_1, [1865] ScotLR 1_68_1
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SCOTTISH_SLR_Court_of_Session
Page: 68↓
Court of Session Inner House First Division.
v.
Facts:
Held (per Lord Kinloch) that an issue not having been lodged within the time appointed, it could not be received even of consent.
The 12th section of the recent Act of Sederunt, July 12, 1865, enacts that all appointments for the lodging or adjustment of issues shall be peremptory. This case was on the motion roll of Thursday, for the purpose of moving his Lordship either to receive the pursuer's issue or to prorogate the time for lodging it. Although this had how expired, it had not done so at the date when the case was enrolled for prorogation, and both parties were willing to consent to the prorogation asked, or to the issues being lodged. But notwithstanding section 4 of the Court of Session Act (1850), which allows prorogation of the “time for lodging any paper by written consent of parties,” his Lordship refused the motion, holding that the terms of the recent Act of Sederunt, were imperative.
Counsel for Pursuer— Mr J. T. Anderson.
Counsel for Defender— Mr Donald Mackenzie.