Newton v. Methven [1914] ScotLR 638 (05 June 1914)

The Court held that the failure to print adjustments was a correctable inaccuracy, not a failure to lodge the record timeously, and allowed the appellant to lodge corrected prints at his own expense.

Citation: [1914] ScotLR 638
Parties: Pursuer (appellant): Richard Newton; Defender (respondent): J. C. Methven
Jurisdiction: Scotland
Judgment Date: 05 June 1914
Procedural Posture: Appeal (civil) / Motion in Appeal Before Inner House, Single Bills
Outcome: motion granted
Legal Topics: Appeal Procedure, Printing of Record, Amendments to Record, Failure to Print Amendments, Costs

Civil Procedure Appeal Procedure Printing of Record Amendments to Record Failure to Print Amendments Costs

Case Brief

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Parties

Richard Newton

Pursuer (appellant)

J. C. Methven

Defender (respondent)

Procedural Posture

Appeal (civil) / Motion in Appeal Before Inner House, Single Bills

Legal Issues

1 Whether the Court has discretion to allow corrected prints of the record to be lodged after failure to include amendments in the original print
2 Whether such failure constitutes abandonment of the appeal under C. A. S., D, iii, 1

Ratio Decidendi

The Court held that the failure to print adjustments was a correctable inaccuracy, not a failure to lodge the record timeously, and allowed the appellant to lodge corrected prints at his own expense.

Court Disposition

motion granted

Orders

Appellant allowed to box and lodge corrected prints of the record containing amendments
Expense of corrected prints to be borne by appellant