Edward William Binney

[stanmapstone]

I take it to mean that as Binney was/had been a solicitor, i.e. agent (in England?) for Major Yelverton he was not competent to be a witness, for some legal reason.
In Scottish Law agent means a solicitor, advocate.

Stan

[Forfarian]

I take it to mean that as Binney was/had been a solicitor, i.e. agent (in England?) for Major Yelverton he was not competent to be a witness, for some legal reason.

That seems to be what the Lord Ordinary is saying, and it seems reasonable enough.

What is puzzling me is how, being a solicitor qualified in English law, he could act as agent for Yelverton in a case being heard under Scots law, which is different. The extract says 'an agent in this action', clearly indicating that the Lord Ordinary means the case currently being heard by him in the Scottish Court of Session.

In Scottish Law agent means a solicitor, advocate.

An advocate in Scots Law is not the same as a solicitor - it corresponds to a barrister in England.

[stanmapstone]

An advocate in Scots Law is not the same as a solicitor - it corresponds to a barrister in England.

I was going by the entry in the OED
Stan

[Forfarian]

Interesting.

Chambers Dictionary, published in Scotland, says "law agent: (Scot.) a solicitor - any qualified legal practitioner other than an advocate"

[Jules Sowerby]

Sorry I am a bit late to the party, just found this today!  Edward William Binney was my husband's great great Grandfather, Edward's daughter Maud Elizabeth married Francis Sowerby who was my husband's great grandfather.  We didn't know much about Edward but after doing a bit of research we know a little more. At the age of 16 Edward went to Chesterfield to study law and in 1833 he moved to London to complete his legal training.  He loved natural history/geology and in 1838 he was a co-founder of the Manchester Geological society. It was reported that the first commercial oil works in the world was named E W Binney & Co and was formed in conjunction with James Young and Edward Meldrum.  They became wealthy, mostly off the back of patents on the extraction of the paraffin.  I have found the family history fascinating, including one of his granddaughters was Lavender Guthrie (Laura Grey) who was a suffragette with a sad story.  He is related (great uncle) to Edwin Binney and Harold Smith who created Crayola in America...and I am convinced they must have met up because they were in very similar lines of business (Edwin had oil companies too) although I have no proof of this.  This branch of the Binney family stemmed from Worksop.