CIVIL PLEADING IN SCOTLAND

Millar, Robert Wyness

Journal: Michigan Law Review

Volume: 30

First Page: 545

Year: 1932

Bluebook Citation: 30 MICH. L. REV. 545 (1932)

Author: Robert Wyness Millar: all 23 publications


Abstract

Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left open, but assuredly its expression invites some inquiry into the principles of the Scottish method.

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