Davidson's Trustees v. Davidson [1912] ScotLR 546 (09 March 1912)

Davidson's Trustees v. Davidson [1912] ScotLR 546 (09 March 1912)

The Court held that the proper method of stating questions of law in a special case requires skill, care, and discrimination, with questions embodying legal propositions rather than facts or arithmetic, and that it is not the Court's duty to investigate all possible legal aspects ex proprio motu but to answer the questions presented by the parties.

Citation
[1912] ScotLR 546
Parties
First Parties: George Gilbert Ramsay and others, trustees of the late Miss Grace Davidson, Rannagulzion, Perthshire; Other Parties: Davidson and others
Jurisdiction
Scotland
Judgment Date
09 March 1912
Procedural Posture
Special Case / Opinion and Judgment of the Court of Session
Outcome
Opinion delivered; observations made on practice and procedure.
Legal Topics
Special Case, Questions of Law, Formulation of Legal Issues
Civil Procedure Special Case Questions of Law Formulation of Legal Issues

Case Brief

Summary, issues, holding and outcome

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Parties

George Gilbert Ramsay and others, trustees of the late Miss Grace Davidson, Rannagulzion, Perthshire

First Parties

Davidson and others

Other Parties

Procedural Posture

Special Case / Opinion and Judgment of the Court of Session

Legal Issues

  1. 1 Proper method of stating questions of law in a special case

Ratio Decidendi

The Court held that the proper method of stating questions of law in a special case requires skill, care, and discrimination, with questions embodying legal propositions rather than facts or arithmetic, and that it is not the Court's duty to investigate all possible legal aspects ex proprio motu but to answer the questions presented by the parties.

Court Disposition

Opinion delivered; observations made on practice and procedure.