WORDIE v MACDONALD (Court of Session)

The respondent answered —That John and William Wordie having had a place of business at Glasgow, might be competently cited to answer in an action of this nature within that jurisdiction. And that even although the objection to the decree, on the ground that the defender had no domicil within the jurisdiction, had been well founded, the citation was homologated in this instance, and the jurisdiction prorogated by John Wordie having entered appearance, and subscribed the answers both for himself and the other defender.

The suspender reclaimed ; and the Court altered the above interlocutor, sustained the reasons of suspension, and suspended the letters and charge simpliciter.

Lord Cringletie .—I was a good deal puzzled, because it is admitted by the suspender, that parties might have dispensed with citation by entering appearance; but in this case all sort of form seems to have been neglected. In the proof taken in the inferior court no partibus are mentioned.

The Lord Justice-Clerk .—There have been great irregularities here; and although one must regret the necessity of enforcing the strict rules of form in such a case as the present, I could figure some of the most important questions that could arise, in which all our rules of procedure would be shaken, if we could sustain such a citation as this.

Lord Ordinary, Mackenzie. Act. Cuninghame. Alt. Skene and Paterson. W. Robertson and J. Cullen, Agents. T. Clerk.