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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Spalding v. Valentine & Co. [1883] ScotLR 20_724 (3 July 1883) URL: http://www.bailii.org/scot/cases/ScotCS/1883/20SLR0724.html Cite as: [1883] SLR 20_724, [1883] ScotLR 20_724 |
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Page: 724↓
[Sheriff of the Lothians.
A person carrying on business as “Mrs B. Spalding,” was cited before the Small Debt Court in an action in which she was designed as “Mrs Grace Spalding.” The summons was served upon her personally. She did not appear, and decree passed against her in absence. The pursuer, the debt not having been paid, executed a poinding of goods in her premises. She then raised a process of interdict against the sale of her goods under the poinding, her ground of action being that she had not been duly cited in the small debt action, and that the poinding was therefore illegal. She did not deny that she was due the debt. The Sheriff-Substitute (Hamilton) dismissed the action on the ground that it was excluded by the Small Debt Act, sec. 30. The Sheriff (Davidson) adhered on appeal. She appealed to the Second Division. The Court, on the ground that there was no substance in the objection to the citation, and that the debt was not denied, affirmed the judgment of the Sheriffs.
Counsel for Appellant— Salvesen. Agent— Alexander Clark, S.S.C.
Counsel for Respondents— Scott— Shaw. Agent— P. Morison, S.S.C.
