Appeal, or removal as by certiorari, of an action from an inferior Court to the Court of Session.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Advocation |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Inglis v. Lord Dreghorn's Interlocutor | 1789 | Aliment, Oath, Arrestment, Creditor, Advocation, Sequestration | John Inglis petitioned the Court to alter Lord Dreghorn's interlocutor. Based on the single document cataloged for this case. |
| Lee Allen and Andrew Elder v. Elder and Others | 1832 | Poinding, Expenses, Interlocutor, Advocation, Sheriff, Security | John Lee Allen, Esq., and Andrew Elder presented a reclaiming note asking the Court of Session to alter Lord Medwyn's interlocutor in their action against Elder and others. Based on the single document cataloged for this case. |
| M'Culloch v. Allan | 1792 | Presbytery, Jurisdiction, Appeal, Teinds, Advocation, Interlocutor | M'Culloch, as pursuer, argued that the trial and censure of schoolmasters belonged to the civil courts rather than ecclesiastical presbyteries. He subsequently maintained that sentences of presbyteries regarding schoolmasters were subject to review by ecclesiastical courts alone. Allan, as defender, contended that the presbytery's jurisdiction over schoolmasters was subject to review only in superior Church judicatories and not in the Court of Session. |
| Macausland and Others v. Montgomery and Others, and the Magistrates of Glasgow | 1792 | Aliment, Advocation, Teinds, Adjudication, Interdict, Interlocutor | John MacAusland and James Burns, for themselves and in behalf of the other members of the Convenery or Trades-House in Glasgow, petitioned the Court to alter its recent interlocutor. James Montgomery and others answered, contending that the petition had been given in the name of, but without the authority of, the Deacon-Convener, Collector and Trades-House of Glasgow. |
| Palmer and Others v. Macmillan | 1794 | Interlocutor, Advocation, Contract, Property, Sequestration, Rent | Palmer and Others, as defenders, argued that the Court of Session should affirm a Sheriff's interlocutor prohibiting Macmillan from exposing butcher-meat in front of his house. They presented information maintaining that the prohibition ought to be upheld. |
| Reid v. Lord Craig's Interlocutor | 1794 | Advocation, Test, Debt, Action, Interlocutor, Sheriff | James Reid, as pursuer, petitioned the Court of Session to alter an interlocutor pronounced by Lord Craig. Based on the single document cataloged for this case. |
| Skinner v. Bell | 1832 | Expenses, Trustee, Sist, Advocation, Tax, Feu | J. R. Skinner, pursuer, presented a reclaiming petition asking the Court to alter Lord Corehouse's interlocutor in the action against Bell. Based on the single document cataloged for this case. |
| Smyth v. Bushby | 1794 | Advocation, Process, Sist, Procurator, Adjudication, Court of Session | In the bill of advocation between Smyth and Bushby, the sheriff-clerks of Scotland moved the Court to recall an order that had permitted transmission of inferior court processes to the bill-chamber without warrant or security. The Clerks to the Bills opposed this relief, contending that the practice of granting two successive orders for production of inferior court process in such bills had been uniform since 1765. |
