James John Fraser, W.S., - Appellant; John Gordon, Esq., - Respondent

JurisdictionScotland
Judgment Date01 January 1835
Date01 January 1835
CourtCourt of Session

English Reports Citation: 6 E.R. 1606

FROM THE COURT OF SESSION.

James John Fraser, W.S.
-Appellant
John Gordon, Esq.
-Respondent.

Mews' Dig. i. 352.

Ill CLARK & FINNELLY. FRASER V. GORDON [1835] APPEAL from the court of session. JAMES JOHN FRASER, W.S.,-Appellant; JOHN GORDON, Esq.,-Respondent. [Mews' Dig. i. 352.] On the day appointed for hearing an appeal, when its competency also was first to be: argued by one counsel at a side, pursuant to an order of the House, the Respondent's counsel appeared at the bar, and, no counsel or agent appearing for the Appellant, prayed that the appeal be dismissed. The House required him to open a prima facie case against the appeal before they would dismiss it. The Appellant was a, writer to the signet in the city of Edinburgh, and was for some time agent for [719] the Respondent, Lieutenantrcolonel Gordon, of Cluny, in Scotland, and had large pecuniary transactions with him. In consequence of some differences between them, they raised actions against each other1 in Scotland; and from two' interlocutors pronounced in those actions1, one by the Lord Ordinary, on the 15th of November 1834, the other by the Second Division oi the Court of Session, on the 15th of January 1&35, Mr. Fraser appealed. The appeal was twice dismissed for1 irregularity and non-compliance with the orders of the House, before it was ripe for hearing. On presenting the third appeal, Fraser appeared before the Appeal Committee, to whom the Respondent's petition, suggesting the incompetency of the appeal, and praying for its dismissal, had been referred, and he so far sustained his case that the committee recommended the appeal to' be set down for hearing, and that its competency be argued at the bar by one counsel on each side, which the House ordered accordingly, and appointed a, day for the hearing. Dr. Lushington appeared as counsel for the Respondent when the appeal was called, and said he was ready to support the interlocutors complained of; but observing that no counsel appeared for the Appellant, he concluded that the appeal was abandoned ; and he asked their Lordships to dismiss1 the appeal with costs, and affirm the interlocutors as of course. The Appellant did not appear, nor did any counsel or agent appear for him. Lord Devon said the Appeal Committee had been of...

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