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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sutherland and Mackay v. Mackay [1867] ScotLR 5_40 (21 November 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0040.html
Cite as: [1867] SLR 5_40, [1867] ScotLR 5_40
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SCOTTISH_SLR_Court_of_Session
Page: 40↓
Court of Session Inner House First Division.
v.
This was the first appeal to the Court under the Debts Recovery (Scotland) Act 1867, 30 and 31 Vict., c. 96.
The appellants having, in terms of the 14th section of the Act, presented to the Lord President of the First Division (to which Division the appeal had been taken) a note craving his Lordship to move the Court to send the appeal to the Summar Roll, were ordered to print the Sheriff-court process, and the appeal was sent to the Summar Roll.
The Lord President intimated that, although the case was sent to the Summar Roll, it was not to be taken for granted that the same course would be followed with regard to all cases under the “Debts Recovery Act”; for although the Act required that parties should move the Court to send the appeal to the Summar Roll, it did not bear that the Court were bound to send it there.
Counsel for Appellants— Mr Black.
Solicitors: Agent— D. Forsyth, S.S.C.