BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kerr v. Taylor [1873] ScotLR 10_402_1 (14 May 1873)
URL: http://www.bailii.org/scot/cases/ScotCS/1873/10SLR0402_1.html
Cite as: [1873] SLR 10_402_1, [1873] ScotLR 10_402_1

[New search] [Printable PDF version] [Help]
SCOTTISH_SLR_Court_of_Session

Page: 402↓

Court of Session Inner House First Division.

Wednesday, May 14. 1873.

10 SLR 402_1

Kerr

v.

Taylor.

Subject_1Reclaiming Note
Subject_2Competency
Subject_3Court of Session Act, § 53.
Facts:

In an action of multiplepoinding the Lord Ordinary pronounced an interlocutor finding who were the claimants entitled to a share of the fund in medio, and the proportions to which they were entitled. The amount of the fund in medio had not been ascertained, and there was no decree for the amount to which

Page: 403↓

the claimants were entitled, nor any finding as to expenses. Held that it was incompetent, under section 53 of the Court of Session Act 1868, to reclaim against this interlocutor without leave from the Lord Ordinary.

Counsel:

Act. M'Laren— Alt. Pattison.

1873
About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010