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The Sheriff Principal, Dismisses the Appeal on the grounds of competency; Finds the Pursuer/Appellant liable to the Defenders/Respondents in the expenses of the Appeal as Taxed, Allows an Account thereof to be given in and Remits same to the Auditor of Court to Tax and to Report.
(a) any summary cause an appeal shall lie to the sheriff principal on any point of law from the final judgment of the sheriff, and
but save as aforesaid an interlocutor of the sheriff... in any such cause shall not be subject to review."
On any view, the interlocutor of 11 October could never be described as a final judgment, those words being defined by Section 3(h) of the Sheriff Courts (Scotland) Act 1907 as:-
"... an interlocutor which, by itself, or taken along with previous interlocutors, disposes of the subject-matter of the cause, notwithstanding that judgment may not have been pronounced on every question raised, and that the expenses found due may not have been modified, taxed or decerned for".
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Common Room
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