AI-transcribed

Any decree or judgment of a Court.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Case Date Legal Subject Abstract
Halliday v. Craig's Interlocutor 1793 Tack, Interlocutor, Lease, Aliment, Succession, Heritor William Robertson petitioned the Court on behalf of Halliday to alter Lord Craig’s recent interlocutor against Messrs Riddell and Mr Davidson. The respondents opposed the removal petition, arguing that the lease allowed Ravenscroft to retake possession at Whitsunday after majority with nine months’ notice.
Hamilton v. Scott 1797 Jurisdiction, Aliment, Interlocutor, Arrestment, Debt, Libel The Reverend John Scott petitioned against an interlocutor pronounced by Lord Methven. Thomas Hamilton, Treasurer for the Poor of Avondale, answered the petition, asserting that the justices of the peace had jurisdiction and that the decree was regular.
Hay Marshall v. Anderson 1797 Divorce, Witness, Interlocutor Thomas Hay Marshall (pursuer) brought an action of divorce against Rose Anderson (defender), his Wife. for adultery.
Hay v. Thomson 1787 Debt, Creditor, Reduction, Assignation, Interlocutor, Bankruptcy John Hay, trustee for the creditors of D. Loch, petitioned the Court of Session to alter Lord Rockville’s interlocutor, arguing that a 1770 assignation was void as a fraudulent preference under the 1696 Act because it was intimated after bankruptcy and constituted a fraud against Loch’s other creditors. James Thomson and the creditors of St Clair & Co. answered, contesting the validity of the translation and assignation under the statute. Hay petitioned again to alter the court’s interlocutor, maintaining that the assignation was an illegal preference.
Henderson v. Inner-House Interlocutor 1789 Debt, Bankruptcy, Creditor, Aliment, Trustee, Interlocutor Michael Henderson petitioned the Court of Session to alter a recent interlocutor issued by the Inner House. He presented an initial petition in March 1789, and subsequently presented a reclaiming petition in July 1789. The dispute concerned the Court's authority to review and modify its own prior interlocutory order.
Heritors of Ardnamurchan v. Campbell 1796 Teinds, Stipend, Heritor, Augmentation, Interlocutor, Tack The Heritors of Ardnamurchan, represented by Sir James Riddell, petitioned the Court to alter its recent interlocutor concerning the stipend of the Reverend Alexander Campbell, alleging that the allowance was excessive and improperly distributed. Campbell answered, defending the stipend against these claims.
Heritors of Bourtie v. Minister of Bourtie 1798 Teinds, Stipend, Aliment, Augmentation, Heritor, Interlocutor The heritors of Bourtie petitioned the Court to alter an interlocutor augmenting the stipend of their minister, the Rev. William Smith, contending that the sum awarded was excessive. Smith answered, defending the augmentation, and subsequently lodged duplies also requesting alteration of the interlocutor.
Huggan v. Gray 1794 Bill of Exchange, Diligence, Interlocutor, Bankruptcy, Arrestment, Debt Huggan petitioned the Court to alter its recent interlocutor against the suspender George Jardine and to find the letters orderly proceeded. Gray responded, arguing that Huggan lacked proper title to proceed in diligence and that no due notification of dishonour had been made to him.
Hugh Montgomery v. Strang, Lennox and Company 1798 Decreet-Arbitral, Tack, Arbitration, Usury, Reduction, Interlocutor Strang, Lennox and Company, cotton-spinners in Eaglesham, petitioned the Court to alter a recent interlocutor respecting their claim for damages against Hugh Montgomery of Bogstown, suspender, arising from a prior loan and arbitration dispute. Montgomery submitted answers opposing the chargers' application.
Hunter v. Roxburgh 1794 Tack, Teinds, Lease, Aliment, Heritor, Interlocutor The pursuer Hunter petitioned the Court to alter its recent interlocutor, seeking a finding that he was entitled to the ipsa corpora of the vicarage-teinds specified in his libel, or alternatively requesting letters of incident diligence for further evidence. Based on the single document cataloged for this case.
Incorporated trades of Aberdeen v. The Magistrates, Council, & Guildry of Aberdeen 1793 Decreet-Arbitral, Foreign Trade, Trade, Interlocutor, Statute, Monopoly
Inglis v. Bethune 1798 Cautioner, Debt, Assignation, Interlocutor, Bankruptcy, Action William Inglis petitioned to reverse a court’s finding that defender William Bethune’s 1786 holograph bond was mere corroboration rather than new security, seeking to hold Bethune jointly liable for half the debt. Based on the single document cataloged for this case.
Inglis v. Lord Stonefield's Interlocutor 1789 Fraud, Contract, Damages, Aliment, Interlocutor, Proof William Inglis presented a reclaiming petition asking the Court of Session to alter its interlocutor on damages for non-implementation of a bear-delivery agreement with Lord Stonefield. Based on the single document cataloged for this case.
James Henderson v. William Scott 1792 Arrestment, Sequestration, Aliment, Interlocutor, Jurisdiction, Damages James Henderson raised an action against William Scott, alleging that the defender had unlawfully detained his property and imprisoned him without warrant. Scott, acting in his capacity as Procurator-Fiscal, laid an information contending that the defender had acted unlawfully in detaining a ring found in Berwick.
James Russel v. James Fairie 1791 Debt, Prescription, Bill of Exchange, Interlocutor, Statute of limitations, Oath Documents uploaded. Full description in progress.
Janet Calder v. John Wood 1798 Citation, Interlocutor, Aliment, Arrestment, Mala Fides, Witness John Wood, defender, sought review of interlocutors rejecting his advocation bill in an action brought by Janet Calder, contending that the citation had been defective because it was left at a lodging house he no longer occupied. Based on the single document cataloged for this case.
John Aitchison and others v. The Magistrates and Billet-Master of Haddington 1795 Interlocutor, Burgh, Thirlage, Suspension, Representation, Magistrate
John Ballenden v. The Duke of Argyle 1791 Feu duties, Interlocutor, Infeftment, Charter, Reduction, Irritancy John Ballenden petitioned the Court to alter a recent interlocutor and subsequently petitioned against an Inner-house interlocutor, seeking reversal of the orders. The Duke of Argyll answered, resisting Ballenden's arguments that the interlocutor should be altered.
John Court, S.S.C., Common Agent v. Mrs Tierney 1832 Debt, Creditor, Interest, Arrestment, Consignation, Interlocutor John Court, S.S.C., Common Agent, pursued Mrs Tierney in a multiplepointing and exoneration proceeding concerning the estate of Lewis Cuthbert, Esq. The action arose from a process raised by Abram Wildey Robarts against Cuthbert's creditors and representatives, and subsequently the Earl of Galloway and J. A. S. M'Kenzie reclaimed against an interlocutor issued by Lord Fullerton, asking the Court to alter his decision.
John Miller, &c. v. Mrs A. Moodie or Anderson 1829 Creditor, Disposition, Succession, Liferent, Adjudication, Interlocutor John Miller, William Roy, and William Thomson raised an action against Mrs Amelia Moodie or Anderson to compel her to complete a valid title and grant discharge of a heritable bond previously assigned to her. The defender denied that she was bound to make up titles to her children's heirs for the discharge of the bond, and subsequently submitted a reclaiming note seeking recall of the interlocutor and her assoilziement. The litigation concluded when William Harley, tutor-at-law for John Anderson, minuted that the pupil had no interest in the bond and consented to the completion of title at the defender's expense.
John Murray v. James Scott 1794 Feu duties, Teinds, Interlocutor, Feu, Sasine, Assignation John Murray petitioned the Court of Session to alter its recent interlocutor in his action against James Scott. Based on the single document cataloged for this case.
John Wilson and Others v. James Scott and Others 1792 Debt, Aliment, Corporation, Charter, Succession, Interlocutor John Wilson and others pursued James Scott, late Deacon, and other members of the Incorporation of Hammermen in Glasgow, contending that the defenders had unlawfully applied £20 from the corporation's funds to burgh reform. The defenders maintained that the Incorporation possessed legal power to apply its funds for public reform purposes. After the pursuers noted the financial history and assessment of the corporation, the defenders petitioned the Court to alter its recent interlocutor.
Knox v. Faculty of Procurators in Glasgow 1798 Procurator, Charter, Faculty, Penalty, Interlocutor, Contract Hugh Knox, Writer in Glasgow, petitioned the Court against the Faculty of Procurators in Glasgow, seeking to remit their regulation that imposed £30 of entry money upon him on the grounds that his apprenticeship had ended before the regulation was enacted and the charge was therefore retrospective and oppressive. The Faculty answered, defending the regulation against his claims.
Laird v. Grindlay 1790 Tack, Creditor, Succession, Debt, Possession, Interlocutor John Laird and Company, merchants in Greenock, pursued Walter Grindlay, farmer at Seabegs, and John Buchanan, his mandatory, regarding a mill lease and Henderson’s employment, charging the defenders with unlawful possession and subtenancy. The cause proceeded to proof in June 1790, after which the pursuers petitioned the Court to alter an interlocutor in February 1791, and the defenders answered in April 1791, contesting the allegations of unlawful possession.
Lamont v. The Heritors of Urr 1796 Teinds, Augmentation, Stipend, Ranking and Sale, Heritor, Interlocutor The Reverend Dr. David Lamont pursued the heritors of the parish of Urr to remit an interlocutor approving their scheme of locality, asserting that he held a proper heritable right to the teinds. The heritors petitioned the court, arguing that Lamont’s right had been acquired pendente lite and was therefore protected by the principle of nihil innovandum. Lamont answered their petition, contesting this argument.
Lauder v. Gibson 1793 Lease, Tack, Interdict, Possession, Aliment, Interlocutor Dr. Colin Lauder pursued William Gibson regarding the use of a road, having obtained an interdict against Gibson. Gibson answered that the road was necessary for his farm and that the interdict caused him patrimonial loss, whereupon Lauder petitioned the Court to alter Lord Dreghorn's interlocutors against suspension of the interdict. Gibson responded that the road had been historically used by his predecessors and was not excluded by the terms of his lease.
Lawson v. Macculloch 1797 Aliment, Debt, Interlocutor, Contract, Contract of separation, Creditor David Macculloch petitioned the Court to remit Lord Craig's interlocutor, which found him liable to his wife, Lawson, for expenses and denied her claim to a larger aliment. Based on the single document cataloged for this case.
Lee Allen and Andrew Elder v. Elder and Others 1832 Poinding, Expenses, Interlocutor, Advocation, Sheriff, Security John Lee Allen, Esq., and Andrew Elder presented a reclaiming note asking the Court of Session to alter Lord Medwyn's interlocutor in their action against Elder and others. Based on the single document cataloged for this case.
Loch v. Tweedie 1798 Arrestment, Aliment, Trespass, Poinding, Interlocutor, Penalty John Loch pursued Alexander Tweedie regarding damages caused by Tweedie’s trespassing sheep, defending his poinding of the flocks and asserting statutory rights to distrain while disputing the defender’s allegations as to penalties and damages. Tweedie repeatedly petitioned the Court to alter interlocutors, first regarding Lord Craig’s order and later challenging subsequent decisions, while Loch reclaimed against an Inner House interlocutor and submitted defenses supported by witness testimony. Tweedie answered Loch’s reclaiming petition and continued to seek alteration of the Court’s interlocutors through November 1799.
Loch, et al v. Lord Hailes' Interlocutor 1789 Suspension, Interlocutor, Res judicata, Inhibition, Reduction, Declinator John Loch, Esq., and others petitioned the Court to alter an interlocutor of Lord Hailes concerning the quartering of soldiers in Caltonhill. Based on the single document cataloged for this case.
M'Calmond v. Park 1792 Tack, Lease, Deed, Rent, Interlocutor, Possession James M'Calmond petitioned the Court to alter Lord Stonefield's interlocutor refusing his bill of advocation against Hugh-Gavin Park, Tacksman of the Lands of Camregan. Park answered, contending that an unstamped obligation was not valid in law or equity.
M'Culloch v. Allan 1792 Presbytery, Jurisdiction, Appeal, Teinds, Advocation, Interlocutor M'Culloch, as pursuer, argued that the trial and censure of schoolmasters belonged to the civil courts rather than ecclesiastical presbyteries. He subsequently maintained that sentences of presbyteries regarding schoolmasters were subject to review by ecclesiastical courts alone. Allan, as defender, contended that the presbytery's jurisdiction over schoolmasters was subject to review only in superior Church judicatories and not in the Court of Session.
M. M'Kenzie v. C. Mackintosh 1828 Expenses, Interest, Interlocutor, Arrestment, Debt, Creditor M. M'Kenzie, as pursuer, raised an action against C. Mackintosh, as defender, regarding a fund in medio, and the Court upheld the oath references, granted a commission, dispensed with the minute-book, and awarded the fund to Campbell Mackintosh. Based on the single document cataloged for this case.
Macausland and Others v. Montgomery and Others, and the Magistrates of Glasgow 1792 Aliment, Advocation, Teinds, Adjudication, Interdict, Interlocutor John MacAusland and James Burns, for themselves and in behalf of the other members of the Convenery or Trades-House in Glasgow, petitioned the Court to alter its recent interlocutor. James Montgomery and others answered, contending that the petition had been given in the name of, but without the authority of, the Deacon-Convener, Collector and Trades-House of Glasgow.
MacLaggan v. Heritors of Melrose 1780 Aliment, Heritor, Reduction, Glebe, Suspension, Interlocutor Digitization in Progress
Macqueen v. Fleming 1798 Arrestment, Debt, Interlocutor, Caution, Creditor, Sequestration Charles Macqueen, as pursuer, petitioned the Court to remit to the Magistrates of Dundee with instructions to liberate him from jail without further caution, alleging that his life was in extreme danger. Based on the single document cataloged for this case.
Magistrates and Town-Council of Glasgow v. Anderston Brewing Company 1785 Interest, Debt, Libel, Interlocutor, Succession, Arrestment The Magistrates and Town-Council of Glasgow pursued Murdoch, Warroch & Co., brewers at Anderston, for duties on ale and beer sold in the city, while the defenders claimed exemption on the ground that they operated outside the city boundaries and had previously agreed to pay only 10d per barrel rather than the 13d claimed. The magistrates petitioned to amend their libel to include interest on the duties, which the brewers opposed as improperly raised at so late a stage. Both parties subsequently lodged reclaiming petitions against the Court's interlocutors, the brewers maintaining their denial of liability for the full duty.
Magistrates of Dunfermline v. Lord Monboddo's Interlocutor 1789 Tack, Interlocutor, Thirlage, Possession, Onus Probandi, Burgh The Magistrates and Town-Council of Dunfermline petitioned the Court to alter Lord Monboddo's interlocutor. Based on the single document cataloged for this case.
Marquis of Abercorn v. The Magistrates of Edinburgh 1792 Tack, Interlocutor, Suspension, Jurisdiction, Lease, Rent The Marquis of Abercorn pursued the Magistrates of Edinburgh for damages, alleging that their diversion of Braid's Burn had injured his water and mills, and sought to join his claim to an existing damages action raised by William Laing. The Magistrates responded that the Marquis lacked standing to claim indemnification under the 1785 water statute without first exhausting the process before a sheriff's jury.
Marquis of Lorne, et al v. Denny, et al 1796 Election contest, Interlocutor, Election, Reduction, Burgess, Appeal The Marquis of Lorne and others pursued John Denny and others regarding the Michaelmas 1796 burgh election in Dumbarton, seeking to overturn the minutes that recorded John Dixon’s vote as valid and asserting a majority victory despite the contested proxy. The defenders answered that the pursuers’ voters lacked burgess qualification, and subsequently argued that Provost Lorne possessed no voting right and that key electors were not burgesses, ultimately demanding a poll election.
Marshall v. Youngson 1798 Procurator, Court of Session, Agent, Interlocutor, Clerks of Session, Jurisdiction James Marshall, Writer to the Signet, petitioned the Court to alter a recent interlocutor respecting the offices held by Alexander Youngson. Youngson answered, defending his concurrent practice as procurator before the High Court of Admiralty and Writer to the Signet on the ground that the two roles were not incompatible. The dispute turned on whether the office of Writer to the Signet could be held consistently with acting as a procurator in the Admiralty Court.
Marshall, et al v. Magistrates and Town-Council of Glasgow 1788 Interlocutor, Interdict, Suspension, Charter, Act of Parliament, Possession The Examinators of the Faculty of Physicians and Surgeons in Glasgow, including Dr Robert Marshall, petitioned the Court to continue an interdict restraining the Magistrates and Town-Council of Glasgow from quartering soldiers upon them, pending a determination of their claimed charter-based immunity from such burdens. The Magistrates answered, responding to the physicians' argument that their faculty charter rendered them exempt from the quartering of soldiers.
Mead v. Swinton 1796 Succession, Terce, Possession, Sequestration, Interlocutor, Adjudication Lady Hannay claimed that as a widow she was entitled to the worst of two mansion-houses on the estate of Kirkdale as an appendage to her terce. The common agent maintained that she had no claim to a second mansion-house over and above her terce.
Mitchell v. Lord Alva's Interlocutor 1787 Contract, Debt, Damages, Action, Bargain, Interlocutor Pursuer Thomas Mitchell petitioned the Court of Session to alter its recent interlocutor in the dispute with Lord Alva. Based on the single document cataloged for this case.
Mitchell v. Society of Writers in Ayr 1798 Teind, Teinds, Stipend, Augmentation, Aliment, Interlocutor The Society of Writers in Ayr petitioned the Court to alter an interlocutor imposing a share of the minister's augmented stipend upon their fishings, arguing that only vicarage-teind was due from such property and claiming abatement on account of a reduced boat count. Mitchell resisted, maintaining that customary payment and proportional liability attached to the fishings. The case concerned the proper extent of teind burden chargeable against the fishings and the validity of the proposed reduction.
Moray v. Heritors of Blackford 1796 Tack, Teinds, Interlocutor, Stipend, Heritor, Patronage Colonel Charles Moray petitioned the Court to alter an interlocutor concerning the locality of teinds, arguing that his teinds were not inferior to bishops' teinds and ought to be allocated pari passu. The Heritors of Blackford answered, contending that the locality was erroneous and that the teinds were not bishop's teinds. Moray replied, reiterating his claim regarding the status of his teinds, and the Heritors duplied, maintaining that the teinds were not exempt from augmentation because they were not bishop's teinds.
Moray, et al. v. Scott 1795 Teinds, Stipend, Communion Elements, Jurisdiction, Aliment, Interlocutor Moray and his co-petitioners petitioned the Court to alter Lord Ankerville Ordinary's interlocutor allocating communion elements upon their lands, arguing that the allocation violated established law and the Court's own decree. Based on the single document cataloged for this case.
Morison v. Inner-House Interlocutor 1787 Aliment, Witness, Marriage, Succession, Interlocutor, Evidence Thomas Morison, a mariner in Charlestown, petitioned the Court to alter its recent interlocutor pronounced in a multiple poinding process initiated by naval officers and trustees. Mrs. Bethune Morison and others had reclaimed against Lord Moncreiff's interlocutor in that proceeding, and Thomas Morison sought alteration of the interlocutor the Inner House had issued upon their reclaiming note.
Mrs. Weatherstone and Others v. Marquis of Tweedale and Others 1813 Teinds, Stipend, Valuation, Reduction, Heritor, Interlocutor Mrs. Weatherstone and others, as reclaimers, sought relief for over-payments made in the process of locality of the Parish of Channelkirk against the Marquis of Tweedale and others, as respondents. The respondents contended that the claimants were barred from recovering such over-payments unless they could prove the payments had been made by themselves or their direct predecessors. They further argued that the Teind-clerk's accounting practices for heritors lacked fixed principles and that equitable considerations must be applied to the claim.
Muirhead, Hay, and Company v. Dunmore 1792 Debt, Creditor, Sequestration, Interest, Interlocutor, Prescription Muirhead, Hay, and Company, merchants in Glasgow, pursued Robert Dunmore for payment of debts contracted in Virginia, contending that Dunmore was liable as a partner of Logan, Gilmour, and Company. Dunmore defended the action on the grounds that the debts were prescribed, lacked proper documentary support, and were improperly pursued following forfeiture in Virginia.