Cook v. Crane [1922] ScotLR 466 (28 June 1922)

Cook v. Crane [1922] ScotLR 466 (28 June 1922)

The Sheriff’s discretion to allow further proof under the statutory provision is unfettered and will not be interfered with by the Court of Session unless exercised unreasonably. In this case, the Sheriff acted to prevent a miscarriage of justice, and there was no unreasonable exercise of discretion.

Citation
[1922] ScotLR 466
Parties
Pursuer/respondent: Jessie Cook; Defender/appellant: John Crane junior
Jurisdiction
Scotland
Judgment Date
28 June 1922
Procedural Posture
Affiliation Action (paternity) / Appeal From Sheriff Court to Court of Session (inner House, Second Division)
Outcome
appeal refused; Sheriff's decision affirmed
Legal Topics
Admissibility of Further Proof, Discretion of Sheriff, Res Noviter, Novi Testes, Affiliation Proceedings
Civil Procedure Family Law Admissibility of Further Proof Discretion of Sheriff Res Noviter Novi Testes Affiliation Proceedings

Case Brief

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Parties

Jessie Cook

Pursuer/respondent

John Crane junior

Defender/appellant

Procedural Posture

Affiliation Action (paternity) / Appeal From Sheriff Court to Court of Session (inner House, Second Division)

Legal Issues

  1. 1 Whether the Sheriff had discretion to allow further proof after the original proof was closed
  2. 2 Whether the additional evidence constituted res noviter or merely novi testes
  3. 3 Whether the Court of Session should interfere with the Sheriff’s exercise of discretion

Ratio Decidendi

The Sheriff’s discretion to allow further proof under the statutory provision is unfettered and will not be interfered with by the Court of Session unless exercised unreasonably. In this case, the Sheriff acted to prevent a miscarriage of justice, and there was no unreasonable exercise of discretion.

Court Disposition

appeal refused; Sheriff's decision affirmed

Orders

  • Sheriff's interlocutor allowing additional proof affirmed
  • No interference with Sheriff's discretion