Dow (Dow's Tutor) Petitioner [1910] ScotLR 251 (26 January 1910)

Dow (Dow's Tutor) Petitioner [1910] ScotLR 251 (26 January 1910)

Statutory provisions explicitly require that petitions of this nature be presented to the Junior Lord Ordinary and not to the Inner House, regardless of any contrary practice.

Citation
[1910] ScotLR 251
Parties
Petitioner: John Graham Dow (Tutor-nominate to Walter Dow)
Jurisdiction
Scotland
Judgment Date
26 January 1910
Procedural Posture
Petition for Authority to Sell Property of a Minor / Application Presented to Inner House; Procedural Competency Questioned
Outcome
Petition found incompetent in Inner House; process remitted to Junior Lord Ordinary.
Legal Topics
Guardianship of Infants, Pupils Protection, Court Procedure, Nobile Officium
Civil Procedure Family Law Guardianship of Infants Pupils Protection Court Procedure Nobile Officium

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

John Graham Dow (Tutor-nominate to Walter Dow)

Petitioner

Procedural Posture

Petition for Authority to Sell Property of a Minor / Application Presented to Inner House; Procedural Competency Questioned

Legal Issues

  1. 1 Whether a petition by a tutor-nominate for authority to sell a minor's property must be presented to the Junior Lord Ordinary or the Inner House

Ratio Decidendi

Statutory provisions explicitly require that petitions of this nature be presented to the Junior Lord Ordinary and not to the Inner House, regardless of any contrary practice.

Court Disposition

Petition found incompetent in Inner House; process remitted to Junior Lord Ordinary.

Orders

  • Process and report remitted to the Junior Lord Ordinary to proceed.