Mathewson v. Yeaman [1900] ScotLR 37_681 (18 May 1900)

Mathewson v. Yeaman [1900] ScotLR 37_681 (18 May 1900)

Reduction remains a competent remedy for correcting errors in Sheriff Court decrees not appealed, as neither the Court of Session Act 1868 nor the Act of Sederunt 1870 expressly or impliedly excludes this common law right; the interlocutor was erroneous and not intended by the Sheriff-Substitute, justifying reduction.

Citation
[1900] ScotLR 37_681
Parties
Pursuer: James Mathewson; Defender: William Yeaman
Jurisdiction
Scotland
Judgment Date
18 May 1900
Procedural Posture
Reduction of Sheriff Court Decree / Appeal/reclaiming Motion Before Inner House
Outcome
Appeal dismissed; Lord Ordinary's interlocutor affirmed; reduction granted.
Legal Topics
Reduction of Decree, Servitude of Pasturage, Competency of Review, Court of Session Act 1868, Act of Sederunt 1870
Civil Procedure Property Law Reduction of Decree Servitude of Pasturage Competency of Review Court of Session Act 1868 Act of Sederunt 1870

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Parties

James Mathewson

Pursuer

William Yeaman

Defender

Procedural Posture

Reduction of Sheriff Court Decree / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Whether reduction is a competent remedy to review a Sheriff Court decree not appealed
  2. 2 Whether the Court of Session Act 1868 or Act of Sederunt 1870 excludes reduction as a remedy
  3. 3 Whether the Sheriff-Substitute's interlocutor was erroneous and not intended

Ratio Decidendi

Reduction remains a competent remedy for correcting errors in Sheriff Court decrees not appealed, as neither the Court of Session Act 1868 nor the Act of Sederunt 1870 expressly or impliedly excludes this common law right; the interlocutor was erroneous and not intended by the Sheriff-Substitute, justifying reduction.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor affirmed; reduction granted.

Orders

  • Reduction of Sheriff Court decrees and extract specified in the summons in so far as the pursuer was interdicted from pasturing the full number of animals entitled by decree of souming and rouming.
  • Declarator that pursuer is entitled to pasture specified numbers of sheep, cattle, and horses on the Hill of Kilry as per decree of souming and rouming.