BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sharp v. M'Cowan [1879] ScotLR 16_692 (4 July 1879) URL: http://www.bailii.org/scot/cases/ScotCS/1879/16SLR0692.html Cite as: [1879] SLR 16_692, [1879] ScotLR 16_692 |
||
[New search] [Printable PDF version] [Help]
Page: 692↓
An action was raised in a Sheriff Court, the pursuer's agent signing the pleas-in-law but not the petition or condescendence. The pursuer was successful, and the defender appealed to the Court of Session, where for the first time an objection to the competency of the action was taken on the ground that the petition was unsigned, that signature was essential, and that consequently there was no process. Held that the objection should have been taken in the Inferior Court, and an amendment allowed there, but that the Court might amend even at this stage; further, that there had been litiscontestation, and that was a good answer to the argument founded on the absence of a process.
Opinion ( per Lord Gifford) that one signature at the end was sufficient for the whole record in such a process.
