Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The pursuer pleaded —Even supposing that this objection of want of jurisdiction might have availed the foreign house to prevent decree passing against them, or to get it recalled, it cannot competently be pleaded by the arrestee, who has no interest in setting aside a decree to which the principal debtors do not object.
The Court were unanimously of opinion that the objection of the want of jurisdiction was competent to the arrestee, in the same way as it would have been to the principal debtor; and,
Lord Alloway thought that, if the fact was established that the foreign house had made a claim on the sequestrated estate, for which Mr Smyth conducted the law-suits, the interlocutor ought to be altered.
The Court adhered to the interlocutor of the Lord Ordinary, in so far as it sustained the preliminary defences—dismissed the action—and found expenses due.
Lord Ordinary, Mackenzie. Act. Jeffrey, Cuninghame. Alt. Moncrieff, A. E. Monteith. Party and Campbell and M'Dowall, Agents. F. Clerk.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.