Fraser-Johnston Engineering and Ship Repairing Co., Ltd v. Jeffs [1920] ScotLR 214 (17 January 1920)

Fraser-Johnston Engineering and Ship Repairing Co., Ltd v. Jeffs [1920] ScotLR 214 (17 January 1920)

The arrestment was valid to found jurisdiction as both the letters and execution made it clear that the arrestment was solely ad fundandam jurisdictionem; surplus or obsolete words did not affect the validity, and the plea of no jurisdiction was timeously stated at adjustment.

Source-derived case information.

Citation
[1920] ScotLR 214
Parties
Pursuer: Fraser-Johnston Engineering and Ship Repairing Company, Limited; Defender: Charles Jeffs junior
Jurisdiction
Scotland
Judgment Date
17 January 1920
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
Appeal dismissed; jurisdiction sustained; interlocutor of Sheriff-Substitute affirmed.
Legal Topics
Arrestment Ad Fundandam Jurisdictionem, Form of Arrestment, Sheriff Court Procedure, Jurisdiction Over Foreign Defenders, Effect of Procedural Irregularities
Civil Procedure Jurisdiction Arrestment Ad Fundandam Jurisdictionem Form of Arrestment Sheriff Court Procedure Jurisdiction Over Foreign Defenders Effect of Procedural Irregularities

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Summary, issues, holding and outcome

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Parties

Fraser-Johnston Engineering and Ship Repairing Company, Limited

Pursuer

Charles Jeffs junior

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the form of arrestment ad fundandam jurisdictionem used was valid to found jurisdiction over the defender.
  2. 2 Whether the inclusion of surplus or obsolete words in the letters and execution of arrestment invalidated the arrestment.
  3. 3 Whether a plea of no jurisdiction was timeously stated at adjustment.

Ratio Decidendi

The arrestment was valid to found jurisdiction as both the letters and execution made it clear that the arrestment was solely ad fundandam jurisdictionem; surplus or obsolete words did not affect the validity, and the plea of no jurisdiction was timeously stated at adjustment.

Court Disposition

Appeal dismissed; jurisdiction sustained; interlocutor of Sheriff-Substitute affirmed.

Orders

  • Jurisdiction of the Sheriff Court sustained.
  • Arrestment ad fundandam jurisdictionem held valid.