Hamilton v. Kerr [1904] ScotLR 42_142_1 (03 December 1904)

Hamilton v. Kerr [1904] ScotLR 42_142_1 (03 December 1904)

Section 12(2) of the Sheriff Courts (Scotland) Act 1876 applies to actions under the Debts Recovery (Scotland) Act 1867, precluding parties who have appeared from objecting to the regularity of citation. The Sheriff is not required to make findings in fact and law in interlocutors where no note of evidence has been taken.

Citation
[1904] ScotLR 42_142_1
Parties
Pursuer and Respondent: John Hamilton; Defender and Appellant: Mrs Ann Thomson or Kerr; Defender and Appellant: George Kerr
Jurisdiction
Scotland
Judgment Date
03 December 1904
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Appeal dismissed
Legal Topics
Competency of Objection to Citation, Sheriff Court Jurisdiction, Debts Recovery Act Procedure, Findings in Fact and Law
Civil Procedure Debt Recovery Competency of Objection to Citation Sheriff Court Jurisdiction Debts Recovery Act Procedure Findings in Fact and Law

Case Brief

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Parties

John Hamilton

Pursuer and Respondent

Mrs Ann Thomson or Kerr

Defender and Appellant

George Kerr

Defender and Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether section 12(2) of the Sheriff Courts (Scotland) Act 1876 applies to actions under the Debts Recovery (Scotland) Act 1867, precluding objections to citation after appearance
  2. 2 Whether the Sheriff is required to set forth findings in fact and law in interlocutors where no note of evidence is taken

Ratio Decidendi

Section 12(2) of the Sheriff Courts (Scotland) Act 1876 applies to actions under the Debts Recovery (Scotland) Act 1867, precluding parties who have appeared from objecting to the regularity of citation. The Sheriff is not required to make findings in fact and law in interlocutors where no note of evidence has been taken.

Court Disposition

Appeal dismissed

Orders

  • Decree for pursuer for the sum sued for affirmed
  • No findings in fact and law required in interlocutor where no note of evidence is taken