University Court of Aberdeen Petitioners [1901] ScotLR 39_108 (14 November 1901)

The petition did not fall within the statutory or customary classes permitting the Lord Ordinary on the Bills during vacation to act; therefore, intimation and advertisement required to be ordered anew by the Inner House.

Citation: [1901] ScotLR 39_108
Parties: Petitioner: University Court of Aberdeen
Jurisdiction: Scotland
Judgment Date: 14 November 1901
Procedural Posture: Petition for Settlement of Scheme Under Educational Bequest / Order on Intimation and Advertisement After Report
Outcome: Intimation and advertisement ordered anew by the Court; prior order by Lord Ordinary on Bills during vacation set aside.
Legal Topics: Nobile Officium, Jurisdiction During Vacation, Educational Bequest Scheme, Intimation and Advertisement

Trusts and Estates Education Law Civil Procedure Nobile Officium Jurisdiction During Vacation Educational Bequest Scheme Intimation and Advertisement

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 1 Authorities cited 4 Party arguments 2

Parties

University Court of Aberdeen

Petitioner

Procedural Posture

Petition for Settlement of Scheme Under Educational Bequest / Order on Intimation and Advertisement After Report

Legal Issues

1 Whether the Lord Ordinary on the Bills during vacation had jurisdiction to order intimation and advertisement in a petition invoking the nobile officium of the Court
2 Whether intimation and advertisement should be ordered anew by the Inner House

Ratio Decidendi

Court Disposition

Intimation and advertisement ordered anew by the Court; prior order by Lord Ordinary on Bills during vacation set aside.

Orders

Intimation and advertisement to be made of new