Stark's Trustees v. Duncan [1906] ScotLR 43_288 (24 January 1906)

Stark's Trustees v. Duncan [1906] ScotLR 43_288 (24 January 1906)

In quasi-criminal proceedings for breach of interdict, parties cannot by joint minute exclude the right of appeal or constitute the Sheriff as arbiter; the Sheriff Court had jurisdiction to impose fine and imprisonment for contempt even in the absence of the defender; the appeal was competent but failed on the merits.

Citation
[1906] ScotLR 43_288
Parties
Pursuers/respondents: James Rennie and others, Trustees of the late James Stark; Defender/appellant: Ebenezer Steel Duncan
Jurisdiction
Scotland
Judgment Date
24 January 1906
Procedural Posture
Appeal From Sheriff Court (breach of Interdict/contempt) / Appeal to Court of Session Inner House, First Division
Outcome
Appeal dismissed
Legal Topics
Breach of Interdict, Competency of Appeal, Quasi Criminal Proceedings, Sentencing in Absence, Jurisdiction of Sheriff Court
Civil Procedure Contempt of Court Scottish Sheriff Court Practice Breach of Interdict Competency of Appeal Quasi Criminal Proceedings Sentencing in Absence Jurisdiction of Sheriff Court

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Parties

James Rennie and others, Trustees of the late James Stark

Pursuers/respondents

Ebenezer Steel Duncan

Defender/appellant

Procedural Posture

Appeal From Sheriff Court (breach of Interdict/contempt) / Appeal to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether appeal to Court of Session is competent after parties' joint minute in Sheriff Court
  2. 2 Whether Sheriff Court proceedings for breach of interdict were competent
  3. 3 Whether absence of defender at sentencing invalidates decree

Ratio Decidendi

In quasi-criminal proceedings for breach of interdict, parties cannot by joint minute exclude the right of appeal or constitute the Sheriff as arbiter; the Sheriff Court had jurisdiction to impose fine and imprisonment for contempt even in the absence of the defender; the appeal was competent but failed on the merits.

Court Disposition

Appeal dismissed

Orders

  • Sheriff Court's judgment adhered to
  • Fine of £5 and imprisonment for ten days in default of payment upheld