Hendry and Another v. Walker [1924] ScotLR 520 (07 June 1924)

Hendry and Another v. Walker [1924] ScotLR 520 (07 June 1924)

The statutory bar on appeal applies to any decree of removing, regardless of whether a declaratory conclusion is included. The substance of the decree is determinative, and the only competent remedy is by way of suspension, not appeal.

Citation
[1924] ScotLR 520
Parties
Pursuers/respondents: Robert Henry and Mrs Janet Dickie Dunlop or Hendry; Defender/appellant: Robert Walker
Jurisdiction
Scotland
Judgment Date
07 June 1924
Procedural Posture
Appeal / Appeal From Sheriff Court Decree of Removing; Objection to Competency of Appeal
Outcome
Appeal refused as incompetent
Legal Topics
Competency of Appeal, Decree of Removing, Lease Termination, Sheriff Court Procedure
Civil Procedure Landlord and Tenant Competency of Appeal Decree of Removing Lease Termination Sheriff Court Procedure

Case Brief

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Parties

Robert Henry and Mrs Janet Dickie Dunlop or Hendry

Pursuers/respondents

Robert Walker

Defender/appellant

Procedural Posture

Appeal / Appeal From Sheriff Court Decree of Removing; Objection to Competency of Appeal

Legal Issues

  1. 1 Whether an appeal is competent against a Sheriff Court decree of removing when combined with a declaratory conclusion
  2. 2 Whether the statutory bar on appeal applies when a declarator is included in the action

Ratio Decidendi

The statutory bar on appeal applies to any decree of removing, regardless of whether a declaratory conclusion is included. The substance of the decree is determinative, and the only competent remedy is by way of suspension, not appeal.

Court Disposition

Appeal refused as incompetent

Orders

  • Objection to competency of appeal sustained
  • Appeal dismissed