Turner v. Selkirk'S Trustee [1905] ScotLR 43_208 (23 November 1905)

The Court refused the reclaiming note, adhered to the interlocutor of the Lord Ordinary, and found pursuers entitled to additional expenses since the date of the interlocutor reclaimed against.

Citation: [1905] ScotLR 43_208
Parties: Original Pursuer: James William Turner; Assignee Pursuer: Farmer; Defender: Thomas Landells Selkirk, sole accepting trustee acting under the trust-disposition and settlement of the deceased James Landells Selkirk
Jurisdiction: Scotland
Judgment Date: 23 November 1905
Procedural Posture: Civil / Reclaiming Note, Interlocutor on Withdrawal
Outcome: reclaiming note refused, interlocutor adhered to, additional expenses awarded
Legal Topics: Assignation of Decree, Reclaiming Note, Sisting Assignee as Pursuer

Civil Procedure Assignation of Decree Reclaiming Note Sisting Assignee as Pursuer

Case Brief

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Parties

James William Turner

Original Pursuer

Farmer

Assignee Pursuer

Thomas Landells Selkirk, sole accepting trustee acting under the trust-disposition and settlement of the deceased James Landells Selkirk

Defender

Procedural Posture

Civil / Reclaiming Note, Interlocutor on Withdrawal

Legal Issues

1 Whether the assignee of a decree can be sisted as pursuer along with the original pursuer
2 Effect of withdrawal of reclaiming note by defender

Ratio Decidendi

The Court refused the reclaiming note, adhered to the interlocutor of the Lord Ordinary, and found pursuers entitled to additional expenses since the date of the interlocutor reclaimed against.

Court Disposition

reclaiming note refused, interlocutor adhered to, additional expenses awarded

Orders

Find pursuers entitled to additional expenses since the date of the interlocutor reclaimed against
Remit for further procedure