Campbell's Trustees v. O'Neill [1910] ScotLR 115 (30 November 1910)

Campbell's Trustees v. O'Neill [1910] ScotLR 115 (30 November 1910)

The process under section 37 of the Sheriff Courts (Scotland) Act 1907 is, in substance, an action of removing, not a summary ejection of a squatter. Therefore, section 44 of the Judicature Act 1825 applies, making appeal incompetent and limiting review to suspension. The notice of removal, though not specifying the precise date of Whitsunday, was valid as no prejudice was caused to the tenant, and the statutory meaning of Whitsunday was clear.

Citation
[1910] ScotLR 115
Parties
Pursuer/respondent: Richard Watson and another, trustees of the late Dr Campbell, Oban; Defender/appellant: Francis O'Neill, draper and clothier, 4 Argyll Square, Oban
Jurisdiction
Scotland
Judgment Date
30 November 1910
Procedural Posture
Appeal From Sheriff Court (summary Ejection/removing) / Inner House, First Division, Court of Session
Outcome
Appeal dismissed as incompetent.
Legal Topics
Summary Ejection, Notice of Termination of Tenancy, Competency of Appeal, Sheriff Courts (scotland) Act 1907, Court of Session Act 1825
Landlord and Tenant Civil Procedure Summary Ejection Notice of Termination of Tenancy Competency of Appeal Sheriff Courts (scotland) Act 1907 Court of Session Act 1825

Case Brief

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Parties

Richard Watson and another, trustees of the late Dr Campbell, Oban

Pursuer/respondent

Francis O'Neill, draper and clothier, 4 Argyll Square, Oban

Defender/appellant

Procedural Posture

Appeal From Sheriff Court (summary Ejection/removing) / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether an appeal is competent from a decree of summary ejection/removing under section 37 of the Sheriff Courts (Scotland) Act 1907, or whether review lies only by suspension under section 44 of the Judicature Act 1825.
  2. 2 Whether the notice of removal served on the tenant was valid despite not specifying the precise date of Whitsunday.

Ratio Decidendi

The process under section 37 of the Sheriff Courts (Scotland) Act 1907 is, in substance, an action of removing, not a summary ejection of a squatter. Therefore, section 44 of the Judicature Act 1825 applies, making appeal incompetent and limiting review to suspension. The notice of removal, though not specifying the precise date of Whitsunday, was valid as no prejudice was caused to the tenant, and the statutory meaning of Whitsunday was clear.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • Objection to competency of appeal sustained.
  • Appeal dismissed.