Tait v. Lees [1903] ScotLR 40_253 (13 January 1903)

The right of appeal is fixed by the value of the cause at the time the record is closed and issue joined; subsequent restriction of conclusions does not affect appeal competency.

Citation: [1903] ScotLR 40_253
Parties: Pursuer/respondent: Christina Tait; Defender/appellant: Richard Lees
Jurisdiction: Scotland
Judgment Date: 13 January 1903
Procedural Posture: Appeal From Sheriff Court / Inner House, First Division, Court of Session
Outcome: objection to competency of appeal repelled
Legal Topics: Appeal Competency, Sheriff Court Act 1853 Section 22, Value of Cause, Restriction of Conclusions

Civil Procedure Appeal Competency Sheriff Court Act 1853 Section 22 Value of Cause Restriction of Conclusions

Case Brief

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Parties

Christina Tait

Pursuer/respondent

Richard Lees

Defender/appellant

Procedural Posture

Appeal From Sheriff Court / Inner House, First Division, Court of Session

Legal Issues

1 Whether the competency of an appeal from the Sheriff Court to the Court of Session is determined by the value of the cause at the time of litiscontestation or by the value as restricted after proof but before judgment.

Ratio Decidendi

The right of appeal is fixed by the value of the cause at the time the record is closed and issue joined; subsequent restriction of conclusions does not affect appeal competency.

Court Disposition

objection to competency of appeal repelled

Orders

Appeal held competent; objection overruled.