Purves v. Groat [1900] ScotLR 37_875 (11 July 1900)

Purves v. Groat [1900] ScotLR 37_875 (11 July 1900)

There is no express statutory exclusion of appeals from interlocutors pronounced prior to an award of sequestration; the Court of Session retains jurisdiction to review such interlocutors unless excluded by clear statutory language.

Source-derived case information.

Citation
[1900] ScotLR 37_875
Parties
Appellant: Alexander Purves; Respondent: Donald Groat
Jurisdiction
Scotland
Judgment Date
11 July 1900
Procedural Posture
Bankruptcy Appeal / Appeal From Interlocutor Prior to Award of Sequestration
Outcome
appeal sustained
Legal Topics
Sequestration, Appeals, Competency of Appeal, Bankruptcy (scotland) Act 1856
Bankruptcy Civil Procedure Sequestration Appeals Competency of Appeal Bankruptcy (scotland) Act 1856

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alexander Purves

Appellant

Donald Groat

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From Interlocutor Prior to Award of Sequestration

Legal Issues

  1. 1 Is an appeal competent against a deliverance of the Sheriff in a petition for sequestration pronounced before sequestration has been awarded?
  2. 2 Does the Bankruptcy (Scotland) Act 1856 exclude appeals prior to sequestration?

Ratio Decidendi

There is no express statutory exclusion of appeals from interlocutors pronounced prior to an award of sequestration; the Court of Session retains jurisdiction to review such interlocutors unless excluded by clear statutory language.

Court Disposition

appeal sustained

Orders

  • interlocutor of the Sheriff-Substitute recalled
  • case remitted to Sheriff-Substitute to award sequestration