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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lang v. Erskine [1872] ScotLR 10_154 (18 December 1872)
URL: http://www.bailii.org/scot/cases/ScotCS/1872/10SLR0154.html
Cite as: [1872] ScotLR 10_154, [1872] SLR 10_154
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SCOTTISH_SLR_Court_of_Session
Page: 154↓
Court of Session Inner House First Division.
v.
Facts:
The 36 section of the Act 50 Geo. III, c. 112, provides, inter alia, that Bills of Advocation from the Sheriffs and other inferior judges shall be allowed in respect to an interim decree for a partial payment, provided leave is given by the inferior judge.
The 24th section of the Act 16 & 17 vict. c. 80, provides, inter alia, that it shall be compepetent to take to review of the Court of Session any interlocutor of a Sheriff giving interim decree for payment of money; and the enactments of 50 Geo. III. c. 112, are, so far as inconsistent with this enactment, repealed.
Held (after consultation with the second division) that it is competent to appeal against an interlocutor of the sheriff giving interim decree for payment of money, without leave from the Sheriff.
Act. Balfour. Agents— Muir & Fleming S.S.C.
Alt. Gloag. Agents— Ronald, Ritchie & Ellis, W.S.