Price v. Canadian Pacific Railway Co. [1911] ScotLR 558 (03 March 1911)

Price v. Canadian Pacific Railway Co. [1911] ScotLR 558 (03 March 1911)

A small debt cause, even if remitted to the ordinary court roll, does not become a summary cause within the meaning of the Sheriff Courts (Scotland) Act 1907, and thus an appeal to the Court of Session is incompetent where the value of the cause does not exceed £50.

Citation
[1911] ScotLR 558
Parties
Pursuer (appellant): John Price; Defender (respondent): Canadian Pacific Railway Company
Jurisdiction
Scotland
Judgment Date
03 March 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session
Outcome
appeal dismissed as incompetent
Legal Topics
Sheriff Courts (scotland) Act 1907, Summary Cause, Small Debt Court, Appeal Competency
Civil Procedure Sheriff Courts (scotland) Act 1907 Summary Cause Small Debt Court Appeal Competency

Case Brief

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Parties

John Price

Pursuer (appellant)

Canadian Pacific Railway Company

Defender (respondent)

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session

Legal Issues

  1. 1 Whether a cause raised in the Small Debt Court and remitted to the ordinary court roll becomes a summary cause for the purposes of appeal to the Court of Session under the Sheriff Courts (Scotland) Act 1907.

Ratio Decidendi

A small debt cause, even if remitted to the ordinary court roll, does not become a summary cause within the meaning of the Sheriff Courts (Scotland) Act 1907, and thus an appeal to the Court of Session is incompetent where the value of the cause does not exceed £50.

Court Disposition

appeal dismissed as incompetent

Orders

  • Objection to competency of appeal sustained
  • Process directed to be re-transmitted to the Sheriff-Clerk