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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sharp v. M'Cowan [1879] ScotLR 16_692 (4 July 1879)
URL: http://www.bailii.org/scot/cases/ScotCS/1879/16SLR0692.html
Cite as: [1879] SLR 16_692, [1879] ScotLR 16_692
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SCOTTISH_SLR_Court_of_Session
Page: 692↓
Court of Session Inner House Second Division.
v.
Facts:
An action was raised in a Sheriff Court, the pursuer's agent signing the pleas-in-law but not the petition or condescendence. The pursuer was successful, and the defender appealed to the Court of Session, where for the first time an objection to the competency of the action was taken on the ground that the petition was unsigned, that signature was essential, and that consequently there was no process. Held that the objection should have been taken in the Inferior Court, and an amendment allowed there, but that the Court might amend even at this stage; further, that there had been litiscontestation, and that was a good answer to the argument founded on the absence of a process.
Opinion ( per Lord Gifford) that one signature at the end was sufficient for the whole record in such a process.