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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clark v. Gibson [1896] ScotLR 33_289 (14 January 1896)
URL: http://www.bailii.org/scot/cases/ScotCS/1896/33SLR0289.html
Cite as: [1896] ScotLR 33_289, [1896] SLR 33_289
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SCOTTISH_SLR_Court_of_Session
Page: 289↓
Court of Session Inner House First Division.
v.
( Ante, p. 174.)
Facts:
The defender having presented a petition of appeal to the House of Lords, and obtained an order of service thereon, the pursuer presented a petition for execution pending the appeal, in terms of the Act 48 Geo. III. cap. 151, sec. 17. The petitioner argued that it was the invariable custom to grant such petitions. The defender opposed the petition, pointed out that the determination of the matter was left by the statute in the absolute discretion of the Court, and stated that he had presented an application to the House of Lords to be admitted to the poor's roll. Held that the rule and practice being clear, there was nothing in the present case to take it out of the rule, and the prayer of the petition accordingly granted.
Cochrane v. Bogle, Dec. 11, 1849, 12 D. 302, and M'Beath v. Forsythe, October 25, 1887, 15 R. 8, referred to by petitioner.
Counsel for the Petitioner— Clyde. Agents— Webster, Will, & Ritchie, S.S.C.
Counsel for the Respondent— W. Thomson. Agent— Thomas M'Naught, S.S.C.