BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Ewan v. Sharp [1899] ScotLR 292_1 (13 January 1899) URL: http://www.bailii.org/scot/cases/ScotCS/1899/36SLR0292_1.html Cite as: [1899] SLR 292_1, [1899] ScotLR 292_1 |
||
[New search] [Help]
Page: 292↓
[Sheriff of Perth.
In an action raised in the Sheriff Court craving for declarator that the pursuer was proprietor of certain subjects, and that the defender should be ordained to remove a shed erected by him partly on those subjects, the Sheriff pronounced an interlocutor whereby he gave decree of declarator as craved, ordained the defender to remove the shed, found him liable in expenses, and “continues the cause and remits the same to the Sheriff-Substitute.”
The defender appealed to the Court of Session, whereupon the pursuer (founding upon Governors of Stricken Endowments v. Diverall, November 13, 1891, 19 R. 79) objected to the appeal as incompetent, in respect that the interlocutor appealed against was not final in its form, and did not dispose of the whole subject-matter of the cause.
The Court, following the case of Malcolm v. M'Intyre, October 19, 1877, 5 R. 22, repelled the objections to the competency of the appeal.
Counsel for the Pursuer— Gloag. Agents— Mylne & Campbell, W.S.
Counsel for the Defender— W. Campbell, Q.C.— Munro. Agents— Sibbald & Mackenzie, W.S
