Scottish Court of Session Decisions

This was an appeal from the Sheriff Court of Dumfries and Galloway at Stranraer, and the respondent objected to its being sent to the roll on the ground that the appellant had failed to print and box the note of appeal, &c., timeously in terms of the Act of Sederunt, 10th March 1870. The appeal was taken on the 23d October 1885, and the time for boxing the papers in the appeal expired on the 6th November 1885 without their having been duly boxed.

A note was presented to the Court on the 14th November by the appellant John M'Credie to be reponed, explaining as the grounds of the delay that he was a cattle-dealer, and that in the prosecution of his business he had to attend markets in various parts of the country, and was frequently away from his home for a considerable time; that his agent had written and telegraphed to him for instructions regarding the appeal, but had received no answer, owing, it was afterwards discovered, to his never having received either the letter or the telegram; that his (the appellant's) father William M'Credie was an old man of about 90 years of age, infirm, and unable to attend to business; and that his (the appellant's) agent on receiving no answer to his communications supposed that the appeal was not to be proceeded with, and thus the time allowed by the Act of Sederunt was permitted to expire.

Authorities— Walker v. Reid, May 12, 1877, 4 R. 714; Sutherland v. Greig, November 3, 1880, 8 R. 41.

The Court reponed the appellant upon payment of two guineas of expenses.