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The Lord Ordinary pronounced the following interlocutor: ‘The Lord Ordinary having heard the counsel for the parties on the respondent's plea, that the advocation is incompetent, repels the said plea of incompetency; finds the advocation competent; and in respect the respondent states his intention to reclaim against this interlocutor, finds him liable in the expense of this discussion, and remits to the Auditor to tax the amount thereof, and to report: Quoad ultra, appoints parties to debate on the merits.’
Lord President .—I am clearly of opinion that the Sheriff's judgment exhausted the cause. It would have been idle in the advocator to have craved a decerniture against herself, in terms of the petition. I am therefore for adhering.
Lord Mackenzie .—I am of the same opinion. I think the cause was exhausted on the merits by the judgment; and the expression, ‘ordain,’ which is therein used, though not a warrant for extracting, is quite enough for the purpose of advocation.
Lord Ordinary, Corehouse. Act. Maitland, E. Maitland. Alt. Graham Bell, Jamieson. Mackenzie & Macfarlane, W. S. and D. M. Adamson, S. S. C. Agents. D. Clerk.
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