Crawford v. Simpson [1901] ScotLR 38_272 (16 January 1901)

The appeal for jury trial was incompetent because it was not marked within the fifteen-day period prescribed by the Act of Sederunt, 11th July 1828, section 5.

Citation: [1901] ScotLR 38_272
Parties: Pursuer: Crawford; Defender: Simpson
Jurisdiction: Scotland
Judgment Date: 16 January 1901
Procedural Posture: Appeal / Appeal Against Interlocutor Allowing Proof; Application for Jury Trial
Outcome: appeal dismissed as incompetent
Legal Topics: Appeal Competency, Jury Trial, Time Limits for Appeal

Civil Procedure Appeal Competency Jury Trial Time Limits for Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Crawford

Pursuer

Simpson

Defender

Procedural Posture

Appeal / Appeal Against Interlocutor Allowing Proof; Application for Jury Trial

Legal Issues

1 Whether an appeal for jury trial was competent when not marked within fifteen days after the interlocutor allowing proof

Ratio Decidendi

The appeal for jury trial was incompetent because it was not marked within the fifteen-day period prescribed by the Act of Sederunt, 11th July 1828, section 5.

Court Disposition

appeal dismissed as incompetent

Orders

appeal for jury trial dismissed