Jackson v. M'Kay [1923] ScotLR 190 (10 January 1923)

Jackson v. M'Kay [1923] ScotLR 190 (10 January 1923)

The defender, having failed to appeal the Sheriff-Substitute's evidentiary ruling under Rule 75 of the Sheriff Courts (Scotland) Act 1907, cannot invoke section 72 of the Court of Session Act 1868 to seek additional proof at the appellate stage. The statutory remedy was not pursued within the prescribed time, and it is now too late to revisit the excluded questions.

Citation
[1923] ScotLR 190
Parties
Pursuer and Appellant: Elizabeth Jackson; Defender and Respondent: John M'Kay
Jurisdiction
Scotland
Judgment Date
10 January 1923
Procedural Posture
Affiliation and Aliment Action / Appeal From Sheriff Court to Court of Session, Inner House, Second Division
Outcome
Defender's motion for additional proof refused.
Legal Topics
Admissibility of Evidence, Procedural Remedies, Affiliation and Aliment, Appeals Process
Civil Procedure Family Law Admissibility of Evidence Procedural Remedies Affiliation and Aliment Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Elizabeth Jackson

Pursuer and Appellant

John M'Kay

Defender and Respondent

Procedural Posture

Affiliation and Aliment Action / Appeal From Sheriff Court to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether the defender can seek additional proof in the Court of Session regarding questions excluded in the Sheriff Court when no appeal was taken under Rule 75 of the Sheriff Courts (Scotland) Act 1907.
  2. 2 Whether section 72 of the Court of Session Act 1868 can be invoked to allow further proof in these circumstances.

Ratio Decidendi

The defender, having failed to appeal the Sheriff-Substitute's evidentiary ruling under Rule 75 of the Sheriff Courts (Scotland) Act 1907, cannot invoke section 72 of the Court of Session Act 1868 to seek additional proof at the appellate stage. The statutory remedy was not pursued within the prescribed time, and it is now too late to revisit the excluded questions.

Court Disposition

Defender's motion for additional proof refused.

Orders

  • Motion for further proof in connection with excluded questions refused.