Jack v. Black [1911] ScotLR 331 (28 January 1911)

Jack v. Black [1911] ScotLR 331 (28 January 1911)

A warrant to carry back tenant's furniture obtained without effective notice, exceptional circumstances, or reasons assigned is not protected by section 30 of the Small Debt Act and may constitute wrongous use of diligence, making the applicant liable for damages.

Citation
[1911] ScotLR 331
Parties
Pursuer/respondent: James Jack; Defender/reclaimer: William Skene Black
Jurisdiction
Scotland
Judgment Date
28 January 1911
Procedural Posture
Action for Damages / Relevancy Discussion; Reclaiming Note; Interlocutor
Outcome
Defender's pleas-in-law repelled; issue approved for jury trial; reclaiming note refused; interlocutor adhered.
Legal Topics
Wrongous Use of Diligence, Sequestration for Rent, Small Debt (scotland) Act 1837, Warrant to Carry Back Furniture
Reparation Landlord and Tenant Civil Procedure Wrongous Use of Diligence Sequestration for Rent Small Debt (scotland) Act 1837 Warrant to Carry Back Furniture

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Parties

James Jack

Pursuer/respondent

William Skene Black

Defender/reclaimer

Procedural Posture

Action for Damages / Relevancy Discussion; Reclaiming Note; Interlocutor

Legal Issues

  1. 1 Whether obtaining a warrant to carry back tenant's furniture without notice constitutes wrongous use of diligence
  2. 2 Whether section 30 of the Small Debt (Scotland) Act 1837 excludes an action for damages for wrongous use of diligence

Ratio Decidendi

A warrant to carry back tenant's furniture obtained without effective notice, exceptional circumstances, or reasons assigned is not protected by section 30 of the Small Debt Act and may constitute wrongous use of diligence, making the applicant liable for damages.

Court Disposition

Defender's pleas-in-law repelled; issue approved for jury trial; reclaiming note refused; interlocutor adhered.

Orders

  • Trial of damages to proceed before a jury.
  • No review or reduction of sheriff's decree under section 30 of Small Debt Act.