In a process of sequestration the debt of the petitioning creditors was constituted by two Sheriff Court decrees to which they had obtained an assignation. The oath set out in general terms that the debt in question was due, and the decrees and assignation were produced to the Justice of Peace. Held ( aff. judgment of the First Division) that a petition by the bankrupt for the recall of the sequestration on the ground that the oath did not set forth in terms that the sum in the decrees had not been paid either to the assignees or to the cedent, fell to be refused.
Their Lordships were unanimously of opinion that measures should be taken to prevent cases for which there was no foundation being brought in forma pauperis on appeal to the House of Lords.
Judges:
Lord Chancellor Halsbury, and Lords Watson, Herschell, Macnaghten, and Morris
Citations:
[1890] UKHL 1034 – 1, 27 SLR 1034 – 1
Links:
Jurisdiction:
Scotland
Insolvency
Updated: 28 June 2022; Ref: scu.636736