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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macqueen v. Macdonald [1871] ScotLR 8_502_1 (17 May 1871)
URL: http://www.bailii.org/scot/cases/ScotCS/1871/08SLR0502_1.html
Cite as: [1871] SLR 8_502_1, [1871] ScotLR 8_502_1
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SCOTTISH_SLR_Court_of_Session
Page: 502↓
Court of Session Inner House Second Division
v.
Facts:
An appellant living in the Island of Uist having neglected to print and box the Record, or to instruct an Edinburgh agent to do so within fourteen days after the process had been received by the clerk, reponed, on payment of £2, 2s. of expenses, on the ground that the omission had been made per incuriam.
In this action, which is one of filiation from the Sheriff-Court of Inverness, the Sheriff-Substitute and the Sheriff gave decree against the defender. Against these judgments the defender minuted an appeal to the Second Division on 13th April, and the process was received by the clerk on 26th April. The time fixed by § 3 of A. S. of 10th March 1870 for the appellant printing and boxing the Record, &c. (fourteen days), having been allowed to expire per incuriam, the appellant moved the Court to be reponed in terms of the subdivision 3 of § 3 of the A. S., and to be allowed eight days further to print and box the Record, &c.
Fraser and Scott for the appellant.
Rhind for respondent.
The Court granted the motion of the appellant. The fact that the case came from the Island of Uist, from which the communication was long and uncertain, and that this was the first case which had occurred under that section of the A. S., had much influence in the judgment, and the Judges indicated opinions that they proceeded on the peculiar circumstances of the case.
The section of the A. S. was not intended to allow an appellant to change his mind after allowing the fourteen days to expire.
The Court reponed, on condition of paying £2, 2s. of expenses.
Solicitors: Agent for the Appellant— John Gelletly, S.S.C.
Agent for Respondent— Crawford & J. Y. Guthrie, S.S.C.