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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferguson v. Leslie [1873] ScotLR 11_16 (31 October 1873)
URL: http://www.bailii.org/scot/cases/ScotCS/1873/11SLR0016.html
Cite as: [1873] SLR 11_16, [1873] ScotLR 11_16
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SCOTTISH_SLR_Court_of_Session
Page: 16↓
Court of Session Inner House First Divisioon.
v.
Facts:
A Sheriff-Substitute granted interdict against a party, and his interlocutor was recalled by the Sheriff-Depute. The complainer appealed to the Court of Session, and pending the appeal, the respondent became bankrupt. Intimation was made to the trustee in the sequestration, but he did not sist himself, or appear in the action. The appellants craved that the appeal be sustained, or the respondent ordained to find caution for the expenses. Held that he could not be called on to find caution, as he had been brought into Court at the instance of the appellants, and was bound to defend himself.
Counsel for Appellants— J. G. Maitland. Agents— H. & A. Inglis, W.S.
Counsel for Respondent— J. A. Reid. Agents— Philip, Laing, & Munro, W.S.