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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Keith Brothers v. Donald (Maxwell's Judicial Factor) [1890] ScotLR 27_664 (27 May 1890)
URL: http://www.bailii.org/scot/cases/ScotCS/1890/27SLR0664.html
Cite as: [1890] SLR 27_664, [1890] ScotLR 27_664
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SCOTTISH_SLR_Court_of_Session
Page: 664↓
Court of Session Inner House First Division.
[Sheriff of Ayrshire.
v.
Facts:
In an action for the balance of an account claimed for work done in erecting and repairing fences on an estate, the defender appealed to the Court of Session under sec. 40 of the Judicature Act, against an interlocutor of the Sheriff allowing parties a proof of their averments, and moved the Court to
Page: 665↓
send the case to the Summar Roll. The pursuers objected to the competency of the appeal on the ground that the appeal was really taken for the purpose of obtaining the judgment of the Court on the relevancy of the action, the case being quite unfitted for trial by jury, and founded on sec. 24 of the Sheriff Court Act of 1853. Authority— Shirra v. Robertson, June 7, 1873, 11 Macph. 660.
The Court held the appeal competent, and sent the case to the Summar Roll.
Counsel for the Pursuer and Respondent— A. S. D. Thomson. Agent— David Turnbull, W.S.
Counsel for the Defender and Appellant— Macfarlane. Agents— Carment, Wedderburn, & Watson, W.S.