Burrell v. Van T' Hoff [1915] ScotLR 651 (12 May 1915)

Burrell v. Van T' Hoff [1915] ScotLR 651 (12 May 1915)

Strict compliance with the Act of Sederunt regarding time and manner of lodging appeal papers and printing requirements is required, but in view of established lax practice and undertakings to correct errors, non-compliance was excused in this instance and the appeal allowed to proceed.

Citation
[1915] ScotLR 651
Parties
Pursuer and Appellant: Henry Burrell; Defender and Respondent: Cornelis Van t' Hoff
Jurisdiction
Scotland
Judgment Date
12 May 1915
Procedural Posture
Appeal From Sheriff Court / Interlocutory Ruling on Competency Objections Prior to Hearing on Merits
Outcome
Objections to competency repelled; appeal allowed to proceed to the roll.
Legal Topics
Appeal Procedure, Compliance With Court Rules, Printing Requirements, Office Hours for Filing
Civil Procedure Appeal Procedure Compliance With Court Rules Printing Requirements Office Hours for Filing

Case Brief

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Parties

Henry Burrell

Pursuer and Appellant

Cornelis Van t' Hoff

Defender and Respondent

Procedural Posture

Appeal From Sheriff Court / Interlocutory Ruling on Competency Objections Prior to Hearing on Merits

Legal Issues

  1. 1 Whether depositing appeal papers after office hours but within the fourteenth day complies with Act of Sederunt 1913, D iii, 2
  2. 2 Whether use of smaller-than-required type in printed papers invalidates the appeal

Ratio Decidendi

Strict compliance with the Act of Sederunt regarding time and manner of lodging appeal papers and printing requirements is required, but in view of established lax practice and undertakings to correct errors, non-compliance was excused in this instance and the appeal allowed to proceed.

Court Disposition

Objections to competency repelled; appeal allowed to proceed to the roll.

Orders

  • Allow the record tendered on 15th April to be received.
  • Appoint the cause to be put to the roll.