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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferguson v. M'Duff [1878] ScotLR 15_664_1 (2 July 1878)
URL: http://www.bailii.org/scot/cases/ScotCS/1878/15SLR0664_1.html
Cite as: [1878] SLR 15_664_1, [1878] ScotLR 15_664_1

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SCOTTISH_SLR_Court_of_Session

Page: 664

Court of Session Inner House First Division.

Tuesday, July 2. 1878.

[ Lord Adam, Ordinary.

15 SLR 664_1

Ferguson

v.

M'Duff.

Subject_1Process
Subject_2Reponing
Subject_3Where Action Dismissed owing to Non-Attendance of Counsel
Subject_4Act of Sederunt, November 2, 1872, sec. 1.
Facts:

Where, under the first section of the Act of Sederunt of November 2, 1872, an action had been dismissed in respect that no counsel attended on either side when the case was called in the Lord Ordinary's Procedure Roll, the Court, upon a reclaiming note, recalled the interlocutor in respect that there were on the Lord Ordinary's Roll of that day a proof, a Bill Chamber cause, and several debates, so that counsel might not have been able to ascertain when the case would be called, but intimated that it was not to be taken for granted that such a course would be followed in future.

Counsel:

Counsel for the Pursuer (Reclaimer)— Kennedy. Agents— W. Adam & Winchester, S.S.C.

Counsel for the Defender (Respondent)— Mair. Agent— Charles B. Hogg, Solicitor.

1878


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URL: http://www.bailii.org/scot/cases/ScotCS/1878/15SLR0664_1.html