Cranston v. Mallow & Lien [1911] ScotLR 930 (08 July 1911)

Cranston v. Mallow & Lien [1911] ScotLR 930 (08 July 1911)

The appeal was competent because the Sheriff made a finding in law, discussed relevant authorities, and granted leave to appeal within seven days, satisfying the statutory requirements even without an explicit statement of the questions of law.

Citation
[1911] ScotLR 930
Parties
Pursuer: James D. Cranston; Defenders: Mallow & Lien
Jurisdiction
Scotland
Judgment Date
08 July 1911
Procedural Posture
Appeal / Competency of Appeal to Court of Session
Outcome
Objection to competency of appeal repelled; appeal sustained as competent.
Legal Topics
Summary Cause, Appeal Competency, Sheriff Courts (scotland) Act 1907
Civil Procedure Summary Cause Appeal Competency Sheriff Courts (scotland) Act 1907

Case Brief

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Parties

James D. Cranston

Pursuer

Mallow & Lien

Defenders

Procedural Posture

Appeal / Competency of Appeal to Court of Session

Legal Issues

  1. 1 Whether the appeal to the Court of Session was competent under section 8 of the Sheriff Courts (Scotland) Act 1907

Ratio Decidendi

The appeal was competent because the Sheriff made a finding in law, discussed relevant authorities, and granted leave to appeal within seven days, satisfying the statutory requirements even without an explicit statement of the questions of law.

Court Disposition

Objection to competency of appeal repelled; appeal sustained as competent.

Orders

  • Cause ordered to be put to the roll for hearing.