Glasgow Central Stores v. Goodson [1901] ScotLR 38_765 (09 July 1901)

Glasgow Central Stores v. Goodson [1901] ScotLR 38_765 (09 July 1901)

The appeal is incompetent because the interlocutor allowing proof by writ is not a final judgment and is not appealable under section 40 of the Court of Session Act 1825.

Citation
[1901] ScotLR 38_765
Parties
Pursuer/respondent: Glasgow Central Stores, Limited; Defender/appellant: Alfred Goodson
Jurisdiction
Scotland
Judgment Date
09 July 1901
Procedural Posture
Appeal / Interlocutory Appeal From Sheriff Court to Court of Session
Outcome
appeal dismissed as incompetent
Legal Topics
Appeal Competency, Interlocutory Orders, Proof by Writ, Court of Session Act 1825
Civil Procedure Appeal Competency Interlocutory Orders Proof by Writ Court of Session Act 1825

Case Brief

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Parties

Glasgow Central Stores, Limited

Pursuer/respondent

Alfred Goodson

Defender/appellant

Procedural Posture

Appeal / Interlocutory Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Is an interlocutor allowing proof by writ appealable under section 40 of the Court of Session Act 1825?
  2. 2 Does limitation of proof to writ constitute a final judgment for appeal purposes?

Ratio Decidendi

The appeal is incompetent because the interlocutor allowing proof by writ is not a final judgment and is not appealable under section 40 of the Court of Session Act 1825.

Court Disposition

appeal dismissed as incompetent

Orders

  • appeal refused
  • case remitted for further procedure in Sheriff Court