Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1874/11SLR0206.html
Cite as: [1874] ScotLR 11_206, [1874] SLR 11_206

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SCOTTISH_SLR_Court_of_Session

Page: 206↓

Court of Session Inner House First Division.

Saturday, January 10. 1874.

11 SLR 206

Chisholm

v.

Marshall.

Subject_1Court of Session Act 1868, § 70.
Headnote:

On this case being called no appearance was made for the respondent—

Asher, for the appellant, referred to the case of Stuart v. Stuart, 16th May 1871, 9 Macph. 740.

There being some doubt as to whether the appeal had been intimated to the respondent.—

Judgment:

Lord President—It is the practice of the Sheriff-Clerk of Lanarkshire to mark on the record not only that an appeal has been lodged, but also that it has been intimated in accordance with the Act, and I take this opportunity of saying, what I am sure your Lordships will concur with me in thinking, that it would be very advisable if all Sheriff-clerks would adopt the same course.

The Court appointed the appellant's agent to communicate with the Sheriff-clerk, and ascertain if appeal had been intimated; and continued the case for a week.

1874

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