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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Petition - F. E. Von Rotberg [1876] ScotLR 14_233 (22 December 1876) URL: http://www.bailii.org/scot/cases/ScotCS/1876/14SLR0233.html Cite as: [1876] ScotLR 14_233, [1876] SLR 14_233 |
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Page: 233↓
Where per incuriam notice of sequestration in the Gazette omitted to give the hour fixed for the statutory meeting of creditors, the Court, upon a petition presented by the bank-rupt with concurrence of a principal creditor, appointed the corrected intimation to be made in a later number of the Gazette.
This was a petition by Fortunat Edwardo Von Rotberg, and Anthony Watson, a creditor to the extent required by law for intimation of sequestration. The circumstances under which the application was made were as follows:—The Lord Ordinary on the Bills (Adam) granted sequestration on 18th December 1876, and appointed a meeting of creditors to be held in Dowell's Rooms, 18 George Street, Edinburgh, on Wednesday, December 27th, at 2 p.m., for the election of a trustee and commissioner, that being not less than 6 or more than 12 days from the date of the Gazette notice that sequestration had been awarded. Notice of the interlocutor appeared in the Edinburgh and London Gazettes, quite correctly in the latter, whereas in the former the hour of meeting per incuriam was omitted. The petitioner accordingly prayed the Court either to appoint the correct intimation to be made in a later number of the Edinburgh Gazette, or to discharge and postpone the meeting to Friday 29th December; and to appoint intimation in the Gazettes of the meeting as so fixed.
The Court granted the first alternative prayer of the petition.
Counsel for Petitioner— Thoms. Agents— Drummond & Reid, W.S.
