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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Taylor Keith, Petitioner [1872] ScotLR 9_602 (6 July 1872)
URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0602.html
Cite as: [1872] ScotLR 9_602, [1872] SLR 9_602

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SCOTTISH_SLR_Court_of_Session

Page: 602

Court of Session Inner House Second Division.

Saturday, July 6. 1872.

9 SLR 602

William Taylor Keith,     Petitioner.

Subject_1Bankrupt
Subject_2Liberation
Subject_319 and 20 Vict. c. 79, § 93.
Facts:

Circumstances in which a bankrupt, incarcerated under the Act 19 and 20 Vict. c. 79, held entitled to succeed in a petition for liberation, the trustee not appearing to support the warrant.

Headnote:

This was a petition for liberation by a bankrupt incarcerated under the Act 19 and 20 Vict. c. 79, for refusing to give satisfactory answers to questions asked during his examination.

Judgment:

Scott, for the petitioner, argued that the warrant was informal, the question and answer not being engrossed therein in full.

The Court held that, while it would have been more satisfactory had this been done, it was unnecessary to decide that question, and that, in the absence of opposition by the trustee, the bankrupt was entitled to liberation.

Solicitors: Agent for Petitioner— J. M. Macqueen, S.S.C.

1872


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URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0602.html