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. |
| 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 | 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. |
| 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. |
