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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Park v. Weir [1874] ScotLR 12_11 (15 October 1874)
URL: http://www.bailii.org/scot/cases/ScotCS/1874/12SLR0011.html
Cite as: [1874] ScotLR 12_11, [1874] SLR 12_11
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SCOTTISH_SLR_Court_of_Session
Page: 11↓
Court of Session Inner House First Division.
[Sheriff of Lanarkshire.
v.
Facts:
Where an appellant failed to lodge a copy of the papers with the Clerk of Court, and was not reponed within the statutory time,— held that the Sheriff's judgment was final.
An appeal in this case was received on July 14, 1874, six days before the end of Session. The appellant printed the papers and boxed them on the first box-day, which was August 27, but failed to lodge within fourteen days after the appeal a copy of the papers with the Clerk of Court, as required by sec. 3, sub-section 2. The process was re-transmitted to the Sheriff-court in respect of the abandonment of the appeal. The appellant was not reponed within eight days, as required by sub-section 3, and the Court held that the judgment of the Sheriff had become final, in terms of sub-section 5.
Counsel for Appellant— Alison. Agent— William Livingstone, S.S.C.
Counsel for Respondent— M'Kechnie. Agent— Thomas Carmichael, S.S.C.