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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Magistrates of Ruglen v Cullen. [1774] 5 Brn 379 (19 January 1774) URL: http://www.bailii.org/scot/cases/ScotCS/1774/Brn050379-0306.html Cite as: [1774] 5 Brn 379 |
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[1774] 5 Brn 379
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Date: Magistrates of Ruglen
v.
Cullen
19 January 1774 Click here to view a pdf copy of this documet : PDF Copy
In the cause, Magistrates of Ruglen against Cullen, Lord President said, that where a party reclaims, and then appeals, without waiting the fate of his reclaiming petition, the House of Peers will dismiss the appeal as premature.
Again, If a party appeal, and then reclaim, his reclaiming petition is considered as a waver of the appeal; and has been so found by the House of Lords.
In this case, after pronouncing an Inner-House interlocutor, Cullen reclaimed; but the other party appealed. On the appeal the decree was affirmed, 30th November 1773. This rendered it impossible for the Lords, on advising the reclaiming petition, to make any alteration; more especially as Cullen, in his case before the House of Peers, had expressed an acquiescence in the decree, and a hope that it should be affirmed. On a reclaiming petition and answers, the Lords adhered.
N.B.—The error lay in this, That Cullen should have brought a cross appeal.
The electronic version of the text was provided by the Scottish Council of Law Reporting
