Handbook of Practice in Civil Causes in the Sheriff-Courts of Scotland; With an Appendix of Statutes and Acts of Sederunt (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 Excerpt: ...is by "note of suspension;" and in certain cases, where suspension is incompetent, by action of reduction. Both of these actions are brought in the Court of Session. Suspension is applicable to those cases in which the extract-decree contains a warrant (not being for expenses) capable of being made the foundation for execution against the goods or person; and (in general) the execution will not be stayed except on caution. Reduction is applicable to all other extracted decrees. 4. Commissary Court Decisions.--From decisions in the Commissary Court, the mode of appeal is the same as in the Ordinary Court. Appeals for Review. 5. Small Debt Court Decisions, --From the Small Debt Court the appeal is to the Court of Justiciary, which was selected on account of the convenience given by its holding circuits. The power of the Reviewing Court is here strictly limited. 6. Decisions under Debts Eeoovery and other Special Acts.--From the Debts Recovery Court the appeal is to the Court of Session, in a form regulated by the Debts Recovery Act. In the processes of cessio bonorum, and for the service of heirs, and in the proceedings connected with ecclesiastical buildings and glebes and entailed estates, the mode of appeal is in each case regulated by the special Statute. Chapter II. OF APPEALS. APPEALS FOR REVIEW. 1. In what Actions competent--The 26 Limit. 2. Appeal in Actions ad facta prse standa. 3. Against what Interlocutors. 4. Interlocutors Sisting Process. 6. Interlocutors giving Interim Judgment. 6. Interlocutors disposing of the whole Merits. 7. Form of Appeal. 8. Time of Appeal. 9. Notice of Appeal. 10. Transmission of Process. 11. Enrolment of Appeal, and Print ing Papers. 12. Powers of Court of Session. 13. Bearing, Proof and Judgment. 14. Resp...