Mordell v. Macandrew & Jenkins [1904] ScotLR 41_740 (07 July 1904)

Mordell v. Macandrew & Jenkins [1904] ScotLR 41_740 (07 July 1904)

Because the clerk did not delete the case from the procedure roll as required by the Act of Sederunt, the statutory condition for dismissal was not met; therefore, the reclaiming-note is refused and the action is allowed to proceed.

Citation
[1904] ScotLR 41_740
Parties
Pursuer/respondent: William Mordell; Defenders/reclaimers: Macandrew & Jenkins
Jurisdiction
Scotland
Judgment Date
07 July 1904
Procedural Posture
Civil Procedure / Reclaiming Note (appeal) Against Refusal to Dismiss Action for Procedural Default
Outcome
Reclaiming-note refused; action to proceed
Legal Topics
Failure to Lodge Prints of Closed Record, Duty of Clerk to Process, Act of Sederunt Compliance, Procedure Roll Deletion
Civil Procedure Failure to Lodge Prints of Closed Record Duty of Clerk to Process Act of Sederunt Compliance Procedure Roll Deletion

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Parties

William Mordell

Pursuer/respondent

Macandrew & Jenkins

Defenders/reclaimers

Procedural Posture

Civil Procedure / Reclaiming Note (appeal) Against Refusal to Dismiss Action for Procedural Default

Legal Issues

  1. 1 Whether failure to lodge printed copies of the closed record within the prescribed period requires dismissal of the action
  2. 2 Whether the clerk's failure to delete the case from the procedure roll prejudices the defenders' right to dismissal

Ratio Decidendi

Because the clerk did not delete the case from the procedure roll as required by the Act of Sederunt, the statutory condition for dismissal was not met; therefore, the reclaiming-note is refused and the action is allowed to proceed.

Court Disposition

Reclaiming-note refused; action to proceed

Orders

  • Refused the reclaiming-note
  • Remitted to the Lord Ordinary to proceed with the cause