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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Schultze v Berwick. [1834] CA 13_39 (15 November 1834) URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0039.html Cite as: [1834] CA 13_39 |
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Page: 39↓
Subject_Process—Reclaiming Note.—
A. bill of suspension having been passed on consignation, and the party having made consignation and expede his letters, a reclaiming note by him against the interlocutor, in so far as consignation was required, incompetent.
Schultze presented a bill of suspension of a charge given him by Berwick and others on behalf of the Insurance Company of Scotland, which was passed on consignation. He thereupon consigned the amount charged for, and expede his letters, but at the same time presented a reclaiming note against the Lord Ordinary's interlocutor, in so far as consignation was required, praying to have the bill passed upon caution. When this reclaiming note, however, came to be advised, it was objected that the letters being expede, it was incompetent, and Schultze accordingly withdrew it.
Solicitors: Wm. Alexander, W.S.— Smith and Kinnear, W.S.—Agents.
