Scottish Court of Session Decisions

Lord President—If this had been a final judgment of the Sheriff, the practice of the Court might be to sustain the appeal for want of appearance, but I am a little doubtful whether we can follow that course where the judgment is interlocutory merely. The respondent, though unwilling to be dragged into this Court, and probably into the House of Lords, might be very willing to follow out his action were the Sheriff's interlocutor sustained. I am not sure whether we can grant this motion without hearing you on the merits of your appeal. We will let the case stand over for a day or two to let you consider the matter, and see if you can afford us any farther information on the subject.

When the case was again called, Counsel stated that they had no farther information to give, and the Court, intimating that they had considered the matter, without calling on Counsel to support the appeal, pronounced an interlocutor to the following effect:—“On the motion of the appellant, and in respect of no appearance, sustain the appeal and dismiss the action, with expenses.”