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The pursuer, Pollock, raised this action, while an undischarged bankrupt under sequestration. Defences having been lodged, in which he was required, before further proceeding, to find caution for expenses, the Lord Ordinary, upon hearing counsel, appointed Pollock to lodge in process a bond, with a sufficient cautioner, to that effect. This order having been repeatedly renewed, but not obtempered by the pursuer, the defenders were assoilzied.
The period for reclaiming elapsed on 23d June, and on the day following a reclaiming note having come out on the roll of single bills, it was objected for the defenders, that the note was irregular, and ought not to be received, in respect of their not having had notice of its presentment, by delivery of six copies to their agent.
The Court , considering the point of importance, ordered printed minutes of the authorities to be given in on each side.
The Court dismissed the reclaiming note as irregular, and found additional expenses due to the defenders.
Lord Jeffrey, Ordinary. For Defenders, Macdougal. Andrew Fraser, W.S. Agent. For Pursuer, Moir. James Bennet, W.S. Agent.
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Common Room
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