Scottish Court of Session Decisions

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Cite as: [1871] ScotLR 8_499_1, [1871] SLR 8_499_1

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SCOTTISH_SLR_Court_of_Session

Page: 499↓

Court of Session Inner House Second Division.

Saturday, May 13. 1871.

8 SLR 499_1

Macarthur (Ross' Factor)

v.

Ballantyne

Subject_1Process
Subject_2Issue Reclaiming Note
Subject_3Court of Session Act 1868, § 28
Subject_4A. S. 10th October 1868, § 6.
Facts:

A pursuer presented a reclaiming note against an interlocutor, holding certain issues as adjusted and settled, and maintained that no issue should have been allowed. Held that it was incompetent under the Reclaiming Note to move the Court to vary the terms of the issue.

Counsel:

Counsel for the Pursuer— Mr Watson and Mr Gebbie. Agent— A. Macgregor, S.S.C.

Counsel for the Defenders— Mr Johnston. Agents— Menzies & Coventry, W.S.
1871

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