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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
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SCOTTISH_SLR_Court_of_Session
Page: 402↓
Court of Session Inner House First Division.
v.
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.
Act. M'Laren— Alt. Pattison.