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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jolly v Grahame [1834] CA 13_236a (20 December 1834) URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0236a.html Cite as: [1834] CA 13_236a |
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Page: 236↓
Subject_Process—Execution pending Appeal.—
The Court refused as incompetent a petition by a pursuer for warrant to uplift money consigned by the defender to answer his claims which had been sustained by a judgment under appeal by the defender.
On the dependence of the action mentioned ante, VI. 236, and XII. 789, Jolly had used inhibition, which had been recalled upon consignation by Grahame of the full amount of Jolly's claim. By the final judgment of the Court, a considerable sum was found due to Jolly, but Grahame had taken an appeal against it, which had not yet been heard. Jolly, instead of applying for execution pending appeal, presented a petition, praying for a warrant on the bank in which the money had been consigned for so much of it as would discharge a certain portion of his claims, which he alleged it appeared from the pleadings that Grahame now acknowledged to be due. In answer to this petition, Grahame contended, that it was incompetent, inasmuch as it was in substance
The Court refused the petition as incompetent.
Solicitors: Jas. Miller, S.S.C.— J. J. Fraser, W.S.—Agents.
