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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackenzie v. North British Railway Co. [1879] ScotLR 17_129 (22 November 1879)
URL: http://www.bailii.org/scot/cases/ScotCS/1879/17SLR0129.html
Cite as: [1879] SLR 17_129, [1879] ScotLR 17_129
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SCOTTISH_SLR_Court_of_Session
Page: 129↓
Court of Session Inner House Second Division.
v.
Facts:
The Court of Session Act of 1868, section 71, enacts that an appellant failing to print within fourteen days shall be held to have abandoned his appeal. The Act of Sederunt of 10th March 1870 provides that on the expiry of eight days after the appeal has been held to be so abandoned, if the appellant has not been reponed, or the respondent does not insist in the appeal, the judgment shall become final and be treated as if no appeal had been taken, and the process forthwith retransmitted to the Inferior Court. Where a process had been so retransmitted, held (following the case of Watt Brothers & Co. v. Suead Foyn and Mandatories, Nov. 1, 1879, ante, p. 54) that it was incompetent to bring the case under review by way of suspension.
Counsel for Complainers (Reclaimers)— Rhind, Agent— W. Officer, S.S.C.
Counsel for Respondents— Asher— Wallace. Agent— Adam Johnston, Solicitor.