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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson v. Wilson [1884] ScotLR 22_22_1 (29 October 1884)
URL: http://www.bailii.org/scot/cases/ScotCS/1884/22SLR0022_1.html
Cite as: [1884] ScotLR 22_22_1, [1884] SLR 22_22_1
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SCOTTISH_SLR_Court_of_Session
Page: 22↓
Court of Session Inner House First Division.
v.
Facts:
Where, in a process of cessio at the instance of a creditor under the Debtors (Scotland) Act 1880, the first deliverance issued by the Sheriff, finding that there was prima facie evidence of notour bankruptcy, appointing the creditor to follow out the procedure required by the Act, and the debtor to appear for public examination, contained also a warrant to open lockfast places and to search the dwelling-house and person of the debtor, the Court held that this special warrant did not take the case out of the rule of Adam & Sons v. Kinnes, February 27, 1883, ante, vol. xx. p. 436, and 10 R. 670, and therefore that the deliverance could not competently be appealed to the Court of Session.
Counsel for Appellant— Low. Agent — J. Barton, S.S.C.
Counsel for Respondent— Lang. Agent— D. H. Wilson, S.S.C.