An action at law. In a restricted sense, the pleadings and documentary evidence filed in court in an action.
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: Process |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Alexander Dick Junior v. William Richardson | 1838 | Prescription, Interlocutor, Agent, Witness, Debt, Process | Alexander Dick Junior sought suspension of a Glasgow magistrates' decree enforcing payment of £26:15:2 against him, alleging procedural and evidentiary flaws in the underlying action and disputing the law account charges, including a contested item dated April 1830. The litigation proceeded with challenges regarding procedural irregularities in proof, culminating in the Court's rejection of pleas of prescription and incompetence of bill, upholding the account as valid and awarding expenses against Dick as suspender. Dick subsequently petitioned to suspend William Richardson concerning disputed authorship and possession of legal documents arising from prior Richardson & Porter cases. |
| Alexander Duncan, and Others v. The Magistrates of Aberdeen | 1783 | Debt, Adjudication, Tax, Interlocutor, Oath, Process | The pursuers challenged a regulation passed by the magistrates of Aberdeen, which raised the dues required to become a burgess. |
| Andrew Heron v. Patrick Heron | 1774 | Debt, Arrestment, Sequestration, Inhibition, Process, Reduction | Doctor Andrew Heron of Bargaly, pursuer, petitioned the Court to alter its recent interlocutor in his action against Patrick Heron, defender. Based on the single document cataloged for this case. |
| Bruce v. Davidson | 1791 | Valuation, Feu duties, Sasine, Process, Security, Property | Colonel Andrew Bruce, pursuer, led proof by James Ferrier, writer to the signet, against defender Harry Davidson to the effect that the proof should proceed as agreed by both parties and commissioners. Based on the single document cataloged for this case. |
| Hamilton v. Hamilton's Creditors | 1777 | Ranking and Sale, Process, Adjudication, Debt, Disposition, Bankruptcy | In 1761, George Hamilton inherited Easter-Queenslie and Provanhall from his brother, Robert, along with some heavy debts. Hamilton later accumulated additional debts, and his other brother, John, acted as cautioner for many of them. In 1769, George Hamilton executed an absolute disposition in favor John over the Wester-Mailing of Easter-Queenslie, as security over the aforementioned debts. Over the years George Hamilton granted other wadsets to his creditors over other parts of his estate. By 1773, he had gone bankrupt, and the Court sequestrated the rents of his lands. George's brother, John, petitioned the Court to strike the Wester-Mailing of Easter-Queenslie from the estate sale, given the disposition held by him. The other creditors of George Hamilton objected to this petition, arguing that Hamilton's disposition, being in fact a security, did not endow him with preferable ranking. Furthermore, they argued that because Hamilton had received a confirmation of his interest only in 1776, after the ranking of the sale had begun, his confirmation was null and void. To this John Hamilton responded that regardless of the details of his disposition, "at all events he has security on the lands, and it is a matter of no great importance to him whether he be considered as real proprietor under the [aforesaid] personal obligation, or a preferable creditor." Handwritten marginalia indicates that the Court repelled the objections. |
| Michie v. Martin | 1768 | Divorce, Aliment, Adultery, Interlocutor, Oath, Process | Margaret Michie, spouse to George Martin, petitioned the Court of Session to alter its recent interlocutor. Based on the single document cataloged for this case. |
| Moir v. Callender | 1796 | Aliment, Arrestment, Sequestration, Interlocutor, Diligence, Process | Defender William Callender answered the petition and complaint of pursuers John Moir and William Allister, asserting that his conduct was lawful and the petition ill-founded. Based on the single document cataloged for this case. |
| Rev. Peter Brydie v. James Johnstone and Others | 1832 | Teinds, Stipend, Valuation, Feu duties, Process, Heritor | The Reverend Peter Brydie pursued James Johnstone, Alexander Drysdale, Adam Drysdale, Thomas Drysdale, David Drysdale, and John Reid regarding the surrender of teinds for the stipend of the United Parishes of Fossaway and Tullibole. The defenders, represented by Robert Wilson, presented a reclaiming note against an interlocutor pronounced by Lord Fullerton. |
| 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. |
| Waugh v. Trustees for Ruecastle's Creditors | 1789 | Agent, Trust, Process, Proof, Witness, Arrestment | Thomas Waugh, writer in Jedburgh, petitioned against a Lord Alva interlocutor, objecting to the admissibility of Andrew Reid as a witness. The Trustees for Ruecastle's Creditors, together with Richard Tod, merchant in Leith, and other creditors of Walter Ruecastle and John Scott, answered the petition, defending Reid's qualification to testify. |
| Wilson, et al v. Clerks of Session | 1789 | Agent, Process, Succession, Aliment, Sequestration, Libel | Janet Wilson, widow of James Maiklem, and Maiklems pursued the Clerks of Session for indemnification for the loss of a process and the costs of reinstating the action. The Clerks answered, denying any fault and asserting that the process had been duly transmitted and returned. |
Documents discussing this subject (showing 100 of 220)
- Agnes Sommerville and her Husband v. Margaret M'Kechnie, &c. — Summons, 2 Feb 1815
- Agnes Watson and James Taylor v. Agnes Mathie — Duplies
- Agnes Watson v. Mary Rae — Petition, 22 Jun 1773
- Agnes Watson, and James Taylor, her Husband v. Agnes Mathie, and James Weir, her Husband — Petition, 3 Feb 1775
- Alexander Brodie of Lethen v. Sir Ludovick Grant of Grant Baronet; Sir Alexander Grant of Dalvey, Baronet; Sir William Dunbar of Durn, Baronet; Captain Duncan Urquhart of Burdsyards — Answers, 10 Mar 1767
- Alexander Dick, Junior v. William Richardson — Additional Appendix to Reclaiming Note, 12 Jan 1841
- Alexander Dick, Junior v. William Richardson — Reasons, 13 Dec 1839
- Alexander Duncan, and Others v. The Magistrates of Aberdeen — Petition, 18 Nov 1783
- Alexander Earl of Galloway v. David Thomson of Inglifton — Memorial, 15 Feb 1762 [2]
- Alexander Gardner v. The Deputy Keeper of the Signet, and Others — Account, 22 Jun 1811 [2]
- Alexander Gordon v. John Baddon — Reclaiming Note, 3 Mar 1848
- Alexander Lamont v. Robert and William Stewarts — Proof, 12 May 1806
- Alexander Marjoribanks v. James Black, Andrew Simson and Robert Menzies — Defences, 2 Dec 1829
- Alexander Mein v. James Hardie — Condescendence, 24 Feb 1826
- Alexander Newlands v. Robert Raeburn — State of the Process [2]
- Alexander Pirie Henderson v. Michael Gilfillan — Appendix, 4 Apr 1833
- Allan v. Stewart — Answers, 2 Aug 1773
- Allan v. Stewart — Information, 23 Oct 1771
- Allan v. Stewart — Objections, 3 Aug 1773
- Andrew Dalgliesh Russell v. John Wilkie and Alexander Downs — Summons of Reduction, 27 Dec 1815 [2]
- Andrew Dow and William Couper v. Archibald Young — Summons, 29 Jan 1836
- Andrew Heron v. Patrick Heron — Petition, 7 Mar 1774
- Andrew Mackenzie v. The Creditors of Lieutenant John Newlands — Answers, 15 Jan 1793
- Andrew Paterson v. William M'Lellan — Appendix to Petition, 2 Feb 1824
- ANSWERS FOR Andrew Monro Merchant in Inverness, Governor Caulfield, Anne Baillie Relict of Duncan Grant Merchant in Inverness, John Gilzean Maltster there, Robert Mathies Tenant in
- ANSWERS for Lockhart Kinloch, Esq. Sheriff-Clerk of Inverness, to the NOTE of this date by the Accountant, In Remit of Processes with Culloden and his Trustees.
- APPENDIX.
- APPENDIX.
- APPENDIX. 1. Circular Letter, John Melville, W. S. to the Sheriff-Clerks of Scotland.
- APPENDIX. EXCERPTS from Stat. 25. Geo. III. c. 80.
- APPENDIX. I. EXCERPT from the Decreet of Sale of the Lands of Overdurdie, in favour of David Murray, in so far as relates to the Value of the Lands, and Feu-duty payable therefor.
- APPENDIX. No I. From the London Gazette.
- APPENDIX. No. I. Copy REGULATIONS by the Sheriffs of Elgin-shire.
- APPENDIX. No. I. INVENTORY of Receipts granted by the Collector of Cess for the stewartry of Orkney to Thomas Traill of Holland, and his predecessors.
- APPENDIX. No. I. LETTER, Mr George D. Aiton, Writer in Hamilton, to Mr Thomas Dykes, Writer in Hamilton, dated 26th January 1830. No. II. LETTER, in answer, Mr Dykes to Mr Aiton.
- APPENDIX. SUMMONS, DAVID STRATON, Writer in Perth, against ALEXANDER GOURLAY, residing at Gilgal.
- Archibald Cooper v. Sir William Maxwell — Petition, 3 Jul 1775
- Baillie v. Dickson and Greig — Report, 19 Nov 1847 [2]
- Bannerman v. Shaw and Ritchie — Petition, 30 Jun 1795
- Baron Panmure and Others v. Andrew Halkett and Alexander Gardner — Revised Case, 18 Apr 1860
- Barry, et al v. Incorporation of Weavers, et al — Petition, 11 Feb 1789
- Bennet v. Gordon — Petition, 1 Jul 1766
- Bonar v. Liddell and Others — Appendix, 1840
- Bushby — Representation, 28 Jan 1794
- Campbell — Petition, 24 Feb 1797
- Christian Smith v. James Grierson — Answers, 3 Mar 1755
- Christopher Smyth v. Archibald Nisbet — Interlocutor, 12 Dec 1826
- Colin Dunlop of the Clyde Iron-Works, and Others, Trustees of the deceased Alexander Waddel of Stonefield v. Thomas Scott and William Scott — Answers, 10 Jun 1831
- Colonel Andrew Bruce v. Harry Davidson — Proof, 25 Jan 1791
- Colonel Andrew Bruce v. Harry Davidson — Proof, 26 Jan 1791
- Copy of the Bill of Suspension and Interdict for Hugh Inglis.
- Counsellors of the Burgh of Burntisland — Petition, 5 Mar 1790
- Dalglish, Dick, & Co. v. M'Kenzie's Executors — Summons, 11 Oct 1833
- Daniel Taylor v. Robert Willis and John Willis — Answers, 5 Jan 1813
- Daniel Taylor v. Robert Willis — Answers, 5 Jan 1813
- Daniel Taylor v. Robert Willis — Memorial, 19 Dec 1811
- Darlings v. Adamson — Answers, 5 Mar 1838
- Darlings v. Adamson — Appendix, 8 Dec 1837
- David Clyne v. Andrew Snody — State of the Process, 27 May 1828
- David Jobson v. Ann Reid and Husband — Bill of Suspension, 26 Nov 1827
- David Kay v. John Wardrope — Answers, 20 Jul 1780
- David Lindsay v. Rebecca M'Kenzie alias Aird — Memorial, 25 Jan 1780
- David Lord Viscount of Stormont v. Sir William Douglas of Kilhead and Alexander Macconochie — Memorial, 15 Jan 1782
- David Morison, James Inches Jun. and Robert Hepburn v. William Robertson — Answers, 23 Feb 1822
- David Staig v. John Bryden and Others — Answers
- Donaldson & Pinkerton v. The Manchester Fire & Life Assurance Company — Summons
- Dr Andrew Duncan senior v. Hugo Arnot Esq. of Balcormo — Summons, 18 May 1827
- Duncan Chisholm v. Samuel M'Kenzie — Answers, 8 Apr 1824 [2]
- Duncan Wright v. James Bennet — Answers
- Earl of Fife's Trustees v. Lachlan Cuming — Revised Case, 5 Dec 1828
- Edward Wilkie and James Brown v. Richard S. Michie — Reclaiming Petition, 18 Dec 1847
- EUL0281 doc0069b
- Findlay v. Graham — Petition, 24 Jun 1773
- General-Collection-of-Session-Papers-1831-12-FEB--23-FEB-221-224-257 doc0003
- George Dempster v. Robert Geddie junior and Robert Mackintosh — Answers, 28 Nov 1767 [2]
- George Park v. James Arnot — Memorial, 6 Jan 1762
- George Sinclair v. Charles William Thornton Erskine — Bill of Advocation, 12 Nov 1829
- Grainger and Miller v. John Cross and Others — Summons, 1834
- Greig v. Johnston — Petition, 22 Feb 1782
- Henry Black Stewart v. Robert Sangster, Alexander Whitson, Thomas Hunter Whitson and Malcolm Stewart Riach — Note of Advocation, 13 Jul 1844
- Houston Stewart-Nicolson v. Margaret Porterfield — Memorial, 18 Jun 1771
- Hugh Leslie v. Lady Ashburton — Summons, 22 Oct 1824 [2]
- Hugh Rose of Kilravock v. Leonard Urquhart and Thomas Belsches of Greenyards — Answers, 2 Mar 1763
- IA---466A doc0042
- II.—REVISED CONDESCENDENCE for Pursuer; WITH REVISED DEFENCES thereto for Defender.
- III.—MINUTE for John Learmonth, Esquire of Dean. IV.—ANSWER for the City of Edinburgh.
- Incorporation of Bakers in Glasgow v. Malcolm M'Leod — Appendix, 4 Aug 1789
- Isat — Petition, 21 Dec 1781
- James Johnston, Alexander Drysdale, Adam Drysdale, Thomas Drysdale and David Drysdale, and John Reid v. The Reverend Peter Brydie — Record, 23 Feb 1832
- James Macrae of Houston, and his tutors v. Walter Macfarlane tenant in Knockbills — Memorial, 8 Mar 1763
- James Murison v. the Incorporation of Tailors of Dundee — Note, 24 Jan 1833
- James Reynolds v. Anthony Maria Macdonald — Memorial, 14 May 1824
- James Rose Innes v. Earl of Fife & Others — Minute, 27 Feb 1827
- James Taylor v. George Wight — Answers, 8 Apr 1819
- James Young v. James Bell — Answers, 22 Jan 1850 [2]
- John Boursiquot v. Robert M'Kean and Co. and Others — Summons, 27 Apr 1814 [2]
- John Caddell v. Mathew Haldane — Answers, 7 Oct 1780
- John Cadell v. John Morthland and John Johnstone — Account, 3 Feb 1801
- John Finlay and Trustees v. Robert Finlay and Trustees — Petition, 10 Mar 1772
- John Finlay v. Robert Syme Clerk to the Signet — Petition, 16 Dec 1772
