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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Milne, Petitioner [1867] ScotLR 5_24 (13 November 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0024.html
Cite as: [1867] SLR 5_24, [1867] ScotLR 5_24
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SCOTTISH_SLR_Court_of_Session
Page: 24↓
Court of Session Inner House First Division.
Facts:
A petition for recal of factory, the appointment having been made-by the Lord Ordinary— Held competently presented to the Inner House.
This was a petition for partial recal of a factory, so far as regarded certain heritable subjects mentioned in the petition, and for exoneration and discharge of intromissions quoad these subjects. The appointment of factor had been made by the Lord Ordinary.
It was doubted whether the petition was properly presented in the Inner-House.
Birnie, for petitioner, in support of the competency, cited Lawson, 19th December 1863, 2 Macph., 355; A. B., 20th July 1861, 33 Jurist, 686; White, 17th July 1860, 22 D., 1473; Noble, 25th June 1859, 21 D., 1053.
The Court ordered intimation and service.
Solicitors: Agents— Henry & Shiress, S.S.C.