Dougall'S Trustees v. Lornie [1900] ScotLR 37_855 (04 July 1900)

The objection to the competency of the appeal based on failure to print and box the record and proof anew is repelled, as established practice and the Acts of Sederunt permit reference to previously boxed documents in a second appeal.

Citation: [1900] ScotLR 37_855
Parties: Pursuer/respondent: George Dougall's Trustees; Defender/appellant: John Guthrie Lornie
Jurisdiction: Scotland
Judgment Date: 04 July 1900
Procedural Posture: Appeal From Sheriff Court / Second Appeal to Court of Session Inner House, First Division
Outcome: Objection repelled; appeal allowed to proceed; no expenses awarded for the competency discussion.
Legal Topics: Appeal Procedure, Printing and Boxing of Record, Acts of Sederunt, Sheriff Court Appeals

Civil Procedure Appeal Procedure Printing and Boxing of Record Acts of Sederunt Sheriff Court Appeals

Case Brief

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Parties

George Dougall's Trustees

Pursuer/respondent

John Guthrie Lornie

Defender/appellant

Procedural Posture

Appeal From Sheriff Court / Second Appeal to Court of Session Inner House, First Division

Legal Issues

1 Whether, on a second appeal from the Sheriff Court, it is necessary to print and box the record and proof anew, or if reference to previously boxed prints suffices under the Acts of Sederunt

Ratio Decidendi

Court Disposition

Objection repelled; appeal allowed to proceed; no expenses awarded for the competency discussion.

Orders

Repel the objection to the competency of the record in the second appeal.
Appoint the cause to be put to the roll.