General Guarantee Corporation v. Alexander [1918] ScotLR 645 (28 May 1918)

General Guarantee Corporation v. Alexander [1918] ScotLR 645 (28 May 1918)

Where the pleadings disclose and both parties agree that the value of the subject matter is less than £50, an appeal to the Court of Session is incompetent under section 7 of the Sheriff Courts (Scotland) Act 1907, as amended.

Citation
[1918] ScotLR 645
Parties
Pursuer: General Guarantee Corporation, Limited, Glasgow; Defender: Mrs Kate Alexander
Jurisdiction
Scotland
Judgment Date
28 May 1918
Procedural Posture
Appeal / Appeal From Sheriff Court to Court of Session
Outcome
Appeal dismissed as incompetent
Legal Topics
Competency of Appeal, Sheriff Court Jurisdiction, Action Ad Factum Præstandum, Value of Cause
Civil Procedure Competency of Appeal Sheriff Court Jurisdiction Action Ad Factum Præstandum Value of Cause

Case Brief

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Parties

General Guarantee Corporation, Limited, Glasgow

Pursuer

Mrs Kate Alexander

Defender

Procedural Posture

Appeal / Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether an appeal to the Court of Session is competent where the value of the cause is below £50 in an action ad factum præstandum

Ratio Decidendi

Where the pleadings disclose and both parties agree that the value of the subject matter is less than £50, an appeal to the Court of Session is incompetent under section 7 of the Sheriff Courts (Scotland) Act 1907, as amended.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Objection to competency of appeal sustained
  • Appeal dismissed