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Subject_1 Jurisdiction Subject_2 Domicile Subject_3 Sheriff Court Act 1876 (39 and 40 Vict. c. 70), sec. 46. Subject_4 Sheriff Court Jurisdiction over Owner of Heritage Resident Abroad.
Question per Lord Gifford—Whether farmers are included in the expression “persons carrying on a trade or business” contained in the 46th section of the Sheriff Court Act 1876.
A party who has put in defences in answer to a petition in the Sheriff Court may plead that there has been no execution or service of the petition, and is not foreclosed from doing so by the terms of the 2d sub-section of section 12 of the Sheriff Court Act 1876, relating to the regularity of the execution or service.
In this action Thomas M'Bey, a horse dealer in Aberdeenshire, sued in the Sheriff Court of Banffshire “James Maitland Knight, coffee planter, Ceylon, and presently joint tenant of the farm of Skeibhill, Aberchirder, in the parish of Marnoch and the county of Banff,” for the price of a mare which he said had been purchased from him by the defender at St Sairs Fair Market in July 1877. There was an alternative conclusion for payment of the hire of the mare from the date in question.
The defender pleaded, inter alia —“1. No jurisdiction. 2. No pending action, in respect that the statutory requisites as regards citation and induciœ had not been observed.”
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