Gall v. Loyal Glenbogie Lodge (Oddfellows Friendly Society) [1900] ScotLR 37_911 (14 July 1900)

Gall v. Loyal Glenbogie Lodge (Oddfellows Friendly Society) [1900] ScotLR 37_911 (14 July 1900)

The Sheriff Court is not competent to enforce an order for reinstatement of a member in a private society, as such a decree cannot be enforced by the court. Section 68(1) of the Friendly Societies Act 1896 does not empower the court to pronounce decrees it cannot enforce, and the remedy for wrongful expulsion is compensation, not specific implement.

Citation
[1900] ScotLR 37_911
Parties
Pursuer: James Gall; Defenders: Loyal Glenbogie Lodge (Oddfellows Friendly Society) and Trustees
Jurisdiction
Scotland
Judgment Date
14 July 1900
Procedural Posture
Appeal / Inner House, Second Division, Court of Session
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Competency, Friendly Societies Act 1896, Enforcement of Society Orders
Civil Procedure Society Law Jurisdiction Competency Friendly Societies Act 1896 Enforcement of Society Orders

Case Brief

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Parties

James Gall

Pursuer

Loyal Glenbogie Lodge (Oddfellows Friendly Society) and Trustees

Defenders

Procedural Posture

Appeal / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Is the Sheriff Court competent to enforce an order by a society tribunal to reinstate a member?
  2. 2 Does section 68(1) of the Friendly Societies Act 1896 empower the court to enforce such orders?

Ratio Decidendi

The Sheriff Court is not competent to enforce an order for reinstatement of a member in a private society, as such a decree cannot be enforced by the court. Section 68(1) of the Friendly Societies Act 1896 does not empower the court to pronounce decrees it cannot enforce, and the remedy for wrongful expulsion is compensation, not specific implement.

Court Disposition

appeal dismissed

Orders

  • Action dismissed as incompetent
  • No operative decree for reinstatement granted