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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Graham v Bontine [1835] CA 13_1032 (3 July 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS1032.html Cite as: [1835] CA 13_1032 |
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Page: 1032↓
Subject_Appeal—Process,—
Observed that a party who presents a petition for leave to appeal, has a right to insist for a written deliverance on his petition.
After the judgment reported ante, p. 905, the defenders presented a petition for leave to appeal. The Court superseded the petition without writing upon it, and the petitioners now moved the Court to write a deliverance upon the petition. This was opposed by the respondent, who said it was only asked in order to found the petitioner in an appeal against that deliverance, and it was inexpedient at present to give any deliverance, as the remaining points in the cause were to be instantly heard by Lord Corehouse. The petitioner answered, the time
The other judges assented, but, on the respondent craving leave to put in answers to the petition, no other order was pronounced than that of allowing him to do so.
Solicitors: E, &. A. M'Millan, W.S.— Ker & Dickson, W,S.—Agents.
