Edgar v. Johnston [1904] ScotLR 41_622 (17 June 1904)

The settled rule is that the Court will not admit an applicant to the poor's roll when the reporters are equally divided in opinion on probabilis causa litigandi.

Citation: [1904] ScotLR 41_622
Parties: Pursuer/respondent: Margaret Little Simpson Edgar; Defender/appellant: Robert Johnston
Jurisdiction: Scotland
Judgment Date: 17 June 1904
Procedural Posture: Sheriff Court Appeal / Application for Admission to Poor's Roll on Appeal to Court of Session
Outcome: Application for admission to poor's roll refused.
Legal Topics: Poor's Roll, Admission to Poor's Roll, Probabilis Causa Litigandi, Sheriff Court Appeal

Civil Procedure Poor's Roll Admission to Poor's Roll Probabilis Causa Litigandi Sheriff Court Appeal

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Parties

Margaret Little Simpson Edgar

Pursuer/respondent

Robert Johnston

Defender/appellant

Procedural Posture

Sheriff Court Appeal / Application for Admission to Poor's Roll on Appeal to Court of Session

Legal Issues

1 Whether an applicant for the poor's roll can be admitted when reporters are equally divided on probabilis causa litigandi

Ratio Decidendi

The settled rule is that the Court will not admit an applicant to the poor's roll when the reporters are equally divided in opinion on probabilis causa litigandi.

Court Disposition

Application for admission to poor's roll refused.

Orders

Prayer of the note refused.