Appendix Page 25

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(4) LORD ANDERSON.

    My Lords, in my opinion this case is indistinguishable in its facts from the case of Mullen. Mr Milligan submitted some arguments based upon a consideration of the same cases as were urged in the case of Mullen, but I see no reason to alter the opinion I expressed in Mullen, and I refer to what I said in that case, for the reasons which compel me to differ from the views expressed by the Lord Ordinary. I agree that the Lord Ordinary's Interlocutor must be recalled.