Digest of House of Lords Cases Decided On Appeal From Scotland, 1709 to 1864, With Glossary of Scottish Law Terms
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Duff, 7 S. Bell, 288 (1850). 39. After a verdict of a jury, finding a party resting owing a sum, and a consequent interlocutor ordering it to be paid, it is not incom- petent to appeal against such interlocutor, the appeal in such case not having been expressly taken away. — Campbell v. Campbell, M'L. & E. 387 (1839); 12 S. 923. 40. Aja appeal against an interlocutor applying a verdict will not en- title the parties to appeal against a prior interlocutor refusing a bill of exceptions, if the fo...urteen days limited for appeal against such inter- locutor have expired, and consequently, on such appeal, the House cannot review the verdict or issue. Appeal does not lie against an interlocutor directing a matter to be tried by a jury, but it does lie against an interlocutor approving an issue. — Mebose v. Hastie, 1 M'Q. 698 (1854). 41. When the parties consent to the withdrawal of a case from a jury in order that it may be decided on the evidence by the Judge, no appeal lies from the Judge's decision, as he could not have so acted except by their consent.
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