Davison v. Anderson and Another [1921] ScotLR 251 (01 February 1921)

Davison v. Anderson and Another [1921] ScotLR 251 (01 February 1921)

The action was not pending at the commencement of the Sheriff Courts (Scotland) Act 1913; therefore, the appeal from the Sheriff-Substitute to the Sheriff was competent, and the Sheriff's interlocutor recalling the decree in absence was final and not subject to review, rendering the appeal to the Court of Session incompetent.

Citation
[1921] ScotLR 251
Parties
Pursuer/appellant: John Usher Davison; Defender/reclaimer: Mrs Emily Lamb Anderson; Defender/reclaimer: Stewart Anderson
Jurisdiction
Scotland
Judgment Date
01 February 1921
Procedural Posture
Appeal / Court of Session Inner House Second Division, Appeal From Sheriff Court
Outcome
appeal refused as incompetent
Legal Topics
Appeals, Competency, Decree in Absence, Sheriff Courts (scotland) Act 1907, Sheriff Courts (scotland) Act 1913
Civil Procedure Appeals Competency Decree in Absence Sheriff Courts (scotland) Act 1907 Sheriff Courts (scotland) Act 1913

Case Brief

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Parties

John Usher Davison

Pursuer/appellant

Mrs Emily Lamb Anderson

Defender/reclaimer

Stewart Anderson

Defender/reclaimer

Procedural Posture

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

Legal Issues

  1. 1 Whether the action was pending at the commencement of the Sheriff Courts (Scotland) Act 1913
  2. 2 Competency of appeal from Sheriff-Substitute to Sheriff
  3. 3 Competency of appeal to Court of Session against Sheriff's interlocutor recalling decree in absence

Ratio Decidendi

The action was not pending at the commencement of the Sheriff Courts (Scotland) Act 1913; therefore, the appeal from the Sheriff-Substitute to the Sheriff was competent, and the Sheriff's interlocutor recalling the decree in absence was final and not subject to review, rendering the appeal to the Court of Session incompetent.

Court Disposition

appeal refused as incompetent

Orders

  • The Court refused the appeal as incompetent.
  • The Sheriff's judgment stands.