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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Black v White [1834] CA 13_134 (6 December 1834) URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0134.html Cite as: [1834] CA 13_134 |
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Page: 134↓
Subject_Process—Administration of Justice.—
1. A party to a bill-chamber process having authorized his own clerk to borrow it, in name of his agent, who was then in the country—the Court expressed an opinion that this was a great irregularity, although, in the circumsances, it did not require farther animadversion. 2. Circumstances in which a bill of suspension of a process caption, on account of one of the numbers of the process which had gone amissing—passed at the instance of the clerk who had borrowed the process.
Sequel of the case mentioned ante, p. 108. Alexander Scot, W.S., put in a minute, explaining that his clerk, James Black, had acted by his directions in borrowing the process, as for Roy, and that the responsibility for this irregularity lay solely with him. He was the party to the process, and had wished it borrowed up at a time when his agent happened to be in the country, and had instructed his clerk to do so. One letter had accidentally gone amissing out of 141 productions, but a copy of it was produced, which was said to be a fac simile, having been taken by a copying machine.
The Lord President observed that a great irregularity was committed by Mr Scot in authorizing his clerk to borrow the process in the name of Mr Roy; but it did not appear, in the circumstances, that the Court were called on to take any farther notice of it, than by expressing the opinion now delivered.
The other judges concurred, and their Lordships, at the same time, passed the bill at Black's instance.
Solicitors: A. Scot, W.S.— W. Wallace, W.S.—Agents.
