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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Marshall v. Caledonian Railway Co. [1899] ScotLR 37_7 (18 October 1899)
URL: http://www.bailii.org/scot/cases/ScotCS/1899/37SLR0007.html
Cite as: [1899] ScotLR 37_7, [1899] SLR 37_7

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SCOTTISH_SLR_Court_of_Session

Page: 7

Court of Session Inner House First Division.

Thursday, October 18. 1899.

37 SLR 7

Marshall

v.

Caledonian Railway Company.

( Ante, July 5, 1899, 36 S.L.R. 845.)


Subject_1Process
Subject_2Interlocutor
Subject_3Rectification of Error.
Facts:

An appeal was taken by the defenders in a Sheriff Court action against an interlocutor of the Sheriff-Substitute, pronounced on 11th July 1898, whereby he decerned against the defenders for payment of the sum of £300. The First Division on 5th July 1899 pronounced an interlocutor whereby they adhered to the interlocutor appealed against, and “of new decern for payment by the defenders to the pursuer of the sum of £300 sterling.”

The pursuer on 18th October 1899 craved the Court to alter this interlocutor by adding to the words quoted above the words “with interest thereon from said 11th July 1898.” He founded upon the case of Harvey v. Lindsay, July 20, 1875, 2 R. 980.

The Court altered the interlocutor as craved.

Counsel:

Counsel for Pursuer— M'Clure. Agents— J. W. & J. Mackenzie, W.S.

1899


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URL: http://www.bailii.org/scot/cases/ScotCS/1899/37SLR0007.html