Argo v. Pauline and Others [1905] ScotLR 42_401 (04 March 1905)
The Court held that claimants resident in Australia were not bound to sist a mandatary in this multiplepoinding appeal.
- Citation
- [1905] ScotLR 42_401
- Parties
- Appellant: Annie Elmslie; Appellant: Isabella Elmslie; Respondents: Pauline and Others
- Jurisdiction
- Scotland
- Judgment Date
- 04 March 1905
- Procedural Posture
- Multiplepoinding / Appeal From Sheriff Court to Court of Session
- Outcome
- motion refused
- Legal Topics
- Multiplepoinding, Mandatary Requirement, Residence and Domicile in Succession
Case Brief
Summary, issues, holding and outcome
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Parties
Annie Elmslie
Appellant
Isabella Elmslie
Appellant
Pauline and Others
Respondents
Procedural Posture
Multiplepoinding / Appeal From Sheriff Court to Court of Session
Legal Issues
- 1 Whether claimants resident in Australia must sist a mandatary to proceed with appeal in multiplepoinding action
Ratio Decidendi
The Court held that claimants resident in Australia were not bound to sist a mandatary in this multiplepoinding appeal.
Court Disposition
motion refused
Orders
- Case sent to the roll for further procedure
Full Case Text
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