Parish Council of Strichen v. Goodwillie [1908] ScotLR 684 (20 May 1908)

Parish Council of Strichen v. Goodwillie [1908] ScotLR 684 (20 May 1908)

The Burial Grounds (Scotland) Act 1855 provides only for an appeal to the Lord Ordinary of the Court of Session within fourteen days of the Sheriff's judgment, and expressly excludes any further appeal or review from the Sheriff-Substitute to the Sheriff; thus, the appeal to the Sheriff was incompetent.

Citation
[1908] ScotLR 684
Parties
Petitioner and Appellant: Parish Council of Strichen; Respondent and Appellant: Reverend Richard Goodwillie; Respondents: John Sleigh and Others
Jurisdiction
Scotland
Judgment Date
20 May 1908
Procedural Posture
Statutory Petition/appeal / Appeal to Court of Session From Sheriff
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Sheriff Under Burial Grounds (scotland) Act 1855, Competency of Appeals, Finality of Decisions
Administrative Law Statutory Interpretation Jurisdiction of Sheriff Under Burial Grounds (scotland) Act 1855 Competency of Appeals Finality of Decisions

Case Brief

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Parties

Parish Council of Strichen

Petitioner and Appellant

Reverend Richard Goodwillie

Respondent and Appellant

John Sleigh and Others

Respondents

Procedural Posture

Statutory Petition/appeal / Appeal to Court of Session From Sheriff

Legal Issues

  1. 1 Whether an appeal lies from the Sheriff-Substitute to the Sheriff under the Burial Grounds (Scotland) Act 1855
  2. 2 Interpretation of sections 10 and 32 of the Burial Grounds (Scotland) Act 1855 regarding appellate jurisdiction

Ratio Decidendi

The Burial Grounds (Scotland) Act 1855 provides only for an appeal to the Lord Ordinary of the Court of Session within fourteen days of the Sheriff's judgment, and expressly excludes any further appeal or review from the Sheriff-Substitute to the Sheriff; thus, the appeal to the Sheriff was incompetent.

Court Disposition

Appeal dismissed

Orders

  • Appeal to the Sheriff held incompetent and dismissed
  • Sheriff's decision affirmed