City of Glasgow Friendly Society v. Bruce [1915] ScotLR 199 (10 December 1915)

City of Glasgow Friendly Society v. Bruce [1915] ScotLR 199 (10 December 1915)

An action of maills and duties seeking a declaratory decree does not require prior leave under the Courts (Emergency Powers) Act 1914, as such a decree does not itself effect possession or enforcement; leave is only required before taking steps to enforce the decree.

Source-derived case information.

Citation
[1915] ScotLR 199
Parties
Pursuers and Respondents: James Reid M'Gavin Smith, British Linen Bank, Glasgow, and others, trustees for the City of Glasgow Friendly Society; Defender and Appellant: John Wilson Bruce
Jurisdiction
Scotland
Judgment Date
10 December 1915
Procedural Posture
Appeal From Sheriff Court / Appeal Judgment
Outcome
Appeal dismissed; interlocutor of Sheriff-Substitute affirmed.
Legal Topics
Maills and Duties, Declaratory Actions, Enforcement of Security, Courts (emergency Powers) Act 1914, Possession of Property
Civil Procedure Property Law Emergency Powers Maills and Duties Declaratory Actions Enforcement of Security Courts (emergency Powers) Act 1914 Possession of Property

Source-derived case record

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 4 Party arguments 2
Sign in to unlock

Parties

James Reid M'Gavin Smith, British Linen Bank, Glasgow, and others, trustees for the City of Glasgow Friendly Society

Pursuers and Respondents

John Wilson Bruce

Defender and Appellant

Procedural Posture

Appeal From Sheriff Court / Appeal Judgment

Legal Issues

  1. 1 Whether a pursuer in an action of maills and duties must apply for leave to proceed under the Courts (Emergency Powers) Act 1914 before raising the action.
  2. 2 Whether obtaining a decree in such an action constitutes entering into possession under the Act.

Ratio Decidendi

An action of maills and duties seeking a declaratory decree does not require prior leave under the Courts (Emergency Powers) Act 1914, as such a decree does not itself effect possession or enforcement; leave is only required before taking steps to enforce the decree.

Court Disposition

Appeal dismissed; interlocutor of Sheriff-Substitute affirmed.

Orders

  • Case remitted to Sheriff-Substitute to proceed to hear parties on whether pursuers are precluded from enforcing the decree by the Courts (Emergency Powers) Act 1914.