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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miller v Creditors [1835] CA 13_644a (7 March 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0644a.html Cite as: [1835] CA 13_644a |
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Page: 644↓
Subject_Cassio—
Question as to whether two partners could conclude in one summons for decree of cessio.
In a case of a special nature, two persons, who had been copartners, and who called all the creditors of the partnership, as well as of themselves individually, were allowed to state their case, and crave the benefit of cessio, though they had only raised one summons, in which they were co-pursuers. The Court enquired, whether they were set forth in their individual capacity as pursuers? and, on ascertaining this to be so, and one of their Lordships remarking that there was no opposition, the case was allowed to be stated, and both parties were found entitled to the benefit of the process. Some difficulty was, however, expressed by the Court, as to the propriety of sanctioning this procedure, even where no opposition was made.
