Crosbie v. Crosbie [1902] ScotLR 39_741 (01 July 1902)

Crosbie v. Crosbie [1902] ScotLR 39_741 (01 July 1902)

The Sheriff-Substitute exercised his discretion under the statute in refusing the application for imprisonment, and such exercise of discretion is not subject to interference or appeal by the Court of Session.

Citation
[1902] ScotLR 39_741
Parties
Pursuer and Appellant: Mrs Helen M'Kay or Crosbie; Defender and Respondent: John H. Crosbie
Jurisdiction
Scotland
Judgment Date
01 July 1902
Procedural Posture
Appeal / Appeal From Interlocutor of Sheriff Substitute at Dumfries
Outcome
appeal dismissed
Legal Topics
Aliment Enforcement, Civil Imprisonment, Jurisdiction, Appeal Competency
Family Law Civil Procedure Aliment Enforcement Civil Imprisonment Jurisdiction Appeal Competency

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Parties

Mrs Helen M'Kay or Crosbie

Pursuer and Appellant

John H. Crosbie

Defender and Respondent

Procedural Posture

Appeal / Appeal From Interlocutor of Sheriff Substitute at Dumfries

Legal Issues

  1. 1 Whether the Sheriff-Substitute had jurisdiction to grant a warrant of imprisonment under the Civil Imprisonment (Scotland) Act 1882 against a defender resident outside Scotland but personally cited within the jurisdiction.
  2. 2 Whether the Sheriff-Substitute's exercise of discretion in refusing the application was subject to appeal.

Ratio Decidendi

The Sheriff-Substitute exercised his discretion under the statute in refusing the application for imprisonment, and such exercise of discretion is not subject to interference or appeal by the Court of Session.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • application of new dismissed