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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ross v. Herde [1882] ScotLR 19_481 (9 March 1882)
URL: http://www.bailii.org/scot/cases/ScotCS/1882/19SLR0481.html
Cite as: [1882] SLR 19_481, [1882] ScotLR 19_481
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SCOTTISH_SLR_Court_of_Session
Page: 481↓
Court of Session Inner House First Division.
[
v.
Facts:
A reclaiming note was refused as incompetent because it had been boxed on Monday instead of the previous Saturday, on which day the reclaiming days had expired, there being no consent by the respondent.
The reclaimer cited as authorities 6 Geo. IV. c. 120, sec. 18; Hume v. Macalister, 21st Feb. 1855, 27 Sc. Jur. 195, 17 D. 477; M'Call v. Laing & Wilson, 7th July 1868, 40 Sc. Jur. 569. The respondent replied that in the cases cited the note was received of consent—here there was none.
Counsel for Suspender and Respondent— Baxter. Agent— W. Lowson, Solicitor.
Counsel for Respondent and Reclaimer— J. A. Reid. Agent— D. H. Wilson, S.S.C.