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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackenzie v. Campbell [1892] ScotLR 29_594 (18 March 1892) URL: http://www.bailii.org/scot/cases/ScotCS/1892/29SLR0594.html Cite as: [1892] SLR 29_594, [1892] ScotLR 29_594 |
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Page: 594↓
An unmarried man earning 24s. a-week was refused admission to the poor's roll for the purpose of raising a petitory action for the sum of £40.
Duncan Mackenzie, a labourer at the Aberfoyle Slate Quarries, unmarried and earning 24s. a-week, applied for admission to the poor's roll, to enable him to raise an action against his former employer, Dr Campbell, lessee of the Ballachulish Slate Quarries, for £40 alleged to have been illegally retained from his wages in violation of the Truck Acts.
Dr Campbell opposed the application.
The applicant cited the cases of Stevens v. Stevens, January 23, 1885, 12 R. 548, and Paterson v. Linlithgow Police Commissioners, July 4, 1888, 15 R. 826. In the latter case the applicant had 27s. a-week.
Argued for Dr Campbell—The Lord President's opinion in the case of Robertson, July 8, 1880, 7 R. 1092, was conclusive against admission. Indulgence had been shown in cases which could only be brought in the Court of Session, but this was not of that character. It could be raised in the Debts Recovery Court.
At advising—
Page: 595↓
The Court refused the application.
Counsel for Applicant— Adam. Agent— C. T. Cox, W.S.
Counsel for Dr Campbell— W. Campbell. Agents— Murray, Beith, & Murray, W.S.