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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Commercial Bank v. Forsyth and Others [1866] ScotLR 1_175 (21 February 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0175.html
Cite as: [1866] SLR 1_175, [1866] ScotLR 1_175

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SCOTTISH_SLR_Court_of_Session

Page: 175↓

Court of Session Inner House First Division.

1 SLR 175

Commercial Bank

v.

Forsyth and Others.

Subject_1Declinator.

Facts:

If a Judge declines on the ground of interest, he is bound to judge if the parties agree to waive the objection.

Headnote:

In this case Lord Deas declined, on the ground that he was a shareholder in the bank.

 Judgment:

The Lord President said—This declinator is offered on the ground not of relationship but of interest This is a species of objection which may be waived by the parties; and I think if the objection is waived Lord Deas is bound to give his judgment.

The other Judges concurred, Lord Curriehill, mentioning a case of the Caledonian Railway Company in the House of Lords where this course had been followed by the Lord Chancellor.

The parties having waived the objection, and this having been minuted, the declinator was repelled.

 Counsel:

Counsel for Pursuers—The Solicitor-General and Mr Mackenzie. Agents— Messrs Melville & Lindesay, W.S.

Counsel for Defenders— Mr Gifford. Agents —Messrs H. & A. Inglis, W.S.

 1866

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URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0175.html