Kilcoyne v. Wilson [1906] ScotLR 44_61 (22 November 1906)

Kilcoyne v. Wilson [1906] ScotLR 44_61 (22 November 1906)

The duty to initial adjustments to the record by the Sheriff remains in force and was not complied with; therefore, the record was not in proper form and the appeal process was irregular, requiring the case to be remitted to the Sheriff to regularise the record.

Citation
[1906] ScotLR 44_61
Parties
Pursuer and Appellant: Anthony Kilcoyne; Defender and Respondent: James Wilson
Jurisdiction
Scotland
Judgment Date
22 November 1906
Procedural Posture
Appeal From Sheriff Court for Jury Trial / Competency Objection at Inner House, Single Bills
Outcome
appeal sustained in part; interlocutor of Sheriff-Substitute recalled; cause remitted to Sheriff to allow parties to adjust and to initial adjustments
Legal Topics
Appeal Competency, Adjustment of Record, Duty to Initial Adjustments, Failure to Print Adjustments
Civil Procedure Appeal Competency Adjustment of Record Duty to Initial Adjustments Failure to Print Adjustments

Case Brief

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Parties

Anthony Kilcoyne

Pursuer and Appellant

James Wilson

Defender and Respondent

Procedural Posture

Appeal From Sheriff Court for Jury Trial / Competency Objection at Inner House, Single Bills

Legal Issues

  1. 1 Whether an appeal is competent where adjustments to the record were not printed and not initialed by the Sheriff as required by Act of Sederunt 1839

Ratio Decidendi

The duty to initial adjustments to the record by the Sheriff remains in force and was not complied with; therefore, the record was not in proper form and the appeal process was irregular, requiring the case to be remitted to the Sheriff to regularise the record.

Court Disposition

appeal sustained in part; interlocutor of Sheriff-Substitute recalled; cause remitted to Sheriff to allow parties to adjust and to initial adjustments

Orders

  • Recall interlocutor of Sheriff-Substitute dated 23rd October 1906
  • Remit cause to Sheriff to allow parties to adjust and to initial adjustments in terms of Act of Sederunt 1839