M'Allisters v Sprot. [Court of Session—2d Division.]

JurisdictionScotland
JudgeLord Medwyn. B.
Judgment Date17 November 1825
CourtCourt of Session (Inner House - Second Division)
Date17 November 1825
Docket NumberNo. 162.
Court of Session
2d Division

Lord Medwyn. B.

No. 162.
M'Allister
and
Mark Sprot

6. Geo. IV. c. 120.—

Several reclaiming notes, under the new form of process, were moved for the first time. Some of them contained a detailed narrative of the case, and of the procedure in the Inferior Court; some entered into argument on the cause; and others, against judgments in the Bill-Chamber, had bills of advocation and suspension, or other documents, attached as appendices. All these the Court ordered to be withdrawn as irregular, reserving to the parties to present other notes in proper form.

The Court stated that these notes ought merely to state the general nature of the case with the utmost possible brevity,—to recite the interlocutors of the Lord Ordinary reclaimed against, but not those in the Inferior Court,—and to crave an alteration; and that representations and other papers, including the summons and defences required by the A. S. to be boxed, ought to be so, along with and attached to the note.

Form of reclaiming notes under the new Judicature Act.

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