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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Douglas v. Thomson [1870] ScotLR 8_107 (12 November 1870) URL: http://www.bailii.org/scot/cases/ScotCS/1870/08SLR0107.html Cite as: [1870] SLR 8_107, [1870] ScotLR 8_107 |
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Page: 107↓
This was a case brought originally in the Debts Recovery Roll of the Edinburgh Sheriff-court. It was remitted by the Sheriff to the Ordinary Roll as not suited to summary decision, and there decided. It was appealed to the Court of Session upon a question of expenses.
The case was put out in the Summar Roll, and on its coming before the Court the Lord-President objected to its being in that roll, and said that it had got there on false pretences, and that though it had been remitted to the Sheriff's Ordinary Roll, and decided there, it had been treated as still a Debts Recovery case, and put out in the Summar Roll. Now, when remitted to the Sheriff's Ordinary Roll it became an ordinary case, and appeal to the House of Lords became possible, which was not the case with Debts Recovery cases. It was now in the same position as many poor-law cases, which, from the importance of the question involved, have been remitted to the Ordinary Roll and gone ultimately to the House of Lords. In these circumstances it should have been put out in the Short Roll and not in the Summar Roll in this Court.
Counsel for the Pursuer— Burnet. Agent— J. A. Gillespie, S.S.C.
Counsel for the Defender— Mair. Agent—
