Gordon's Trustees v. Forbes [1904] ScotLR 41_346 (27 February 1904)

Gordon's Trustees v. Forbes [1904] ScotLR 41_346 (27 February 1904)

The requirement to sist a mandatory for a claimant resident abroad in a multiplepoinding action is discretionary, and in the circumstances of this case, it was not appropriate to require it.

Citation
[1904] ScotLR 41_346
Parties
Pursuers (real Raisers) and Respondents: Gordon's Trustees; Claimant and Reclaimer: Miss Jessie Forbes
Jurisdiction
Scotland
Judgment Date
27 February 1904
Procedural Posture
Multiplepoinding / Reclaiming Motion (appeal) Against Interlocutor Repelling Claim for Failure to Sist a Mandatory
Outcome
Interlocutor recalled; case remitted to Lord Ordinary to proceed without requiring a mandatory to be sisted.
Legal Topics
Multiplepoinding, Mandatory Requirement for Foreign Resident Creditor, Discretion of Court in Procedural Matters
Civil Procedure Trusts and Estates Multiplepoinding Mandatory Requirement for Foreign Resident Creditor Discretion of Court in Procedural Matters

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Parties

Gordon's Trustees

Pursuers (real Raisers) and Respondents

Miss Jessie Forbes

Claimant and Reclaimer

Procedural Posture

Multiplepoinding / Reclaiming Motion (appeal) Against Interlocutor Repelling Claim for Failure to Sist a Mandatory

Legal Issues

  1. 1 Whether a claimant resident abroad in a multiplepoinding action must sist a mandatory to insist in her claim

Ratio Decidendi

The requirement to sist a mandatory for a claimant resident abroad in a multiplepoinding action is discretionary, and in the circumstances of this case, it was not appropriate to require it.

Court Disposition

Interlocutor recalled; case remitted to Lord Ordinary to proceed without requiring a mandatory to be sisted.

Orders

  • Recall of interlocutor repelling Miss Forbes' claim for failure to sist a mandatory.
  • Remit to Lord Ordinary to proceed with the claim.