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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Morrison v. Walker [1871] ScotLR 8_592 (24 June 1871) URL: http://www.bailii.org/scot/cases/ScotCS/1871/08SLR0592.html Cite as: [1871] SLR 8_592, [1871] ScotLR 8_592 |
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Page: 592↓
After a proof had been led in the Sheriff-court, the Sheriff-Substitute appointed the case to be enrolled in the Debate Roll. No appearance was made for the pursuer at the debate, and on the defender's motion the Sheriff-Substitute held the pursuer as confessed, and assoilzied the defender. The pursuer failed to apply to the Sheriff to be reponed within seven days, under the 16th section of the Act, and appealed to the Court of Session. The Court reponed him on payment of £10, 10s. of expenses, but expressed dissatisfaction with the irregularity of the procedure, and indicated opinions that it was not contemplated by the Sheriff-court Act that cases should be brought up for review from the Inferior Court causa non cognita.
This was an appeal from the Sheriff-court of Lanark.
The Sheriff-Substitute ( Murray) pronounced the following interlocutors:—
“ Glasgow, 25 th March 1871.—On defender's craving, no appearance having been made for the pursuer at the debate yesterday—Holds pursuer confessed as not insisting in this action, and assoilzies the defender from the conclusions thereof: Finds the pursuer liable in expenses; allows, &c.”
Glasgow, 30 th May 1871.—Approves of the auditor's report on the defender's account of expenses, and decerns against the pursuer for the taxed amount thereof.”
The pursuer appealed.
Pattison for him.
W. A. Brown for respondent.
Page: 593↓
When the case was again called on the roll the expenses had not been paid, and the Court dismissed the action.
Solicitors: Agent for the Appellant— J. Y. Pullar, S.S.C.
Agents for the Respondent— J. & R. D. Ross, W.S.