Maclachlan v. John W. Bruce & Co. and Another [1911] ScotLR 433 (06 February 1911)

Maclachlan v. John W. Bruce & Co. and Another [1911] ScotLR 433 (06 February 1911)

The objection to the competency of the appeal is contrary to established practice, and there is no statutory bar under the Sheriff Courts Act 1907; therefore, the appeal to the Court of Session is competent.

Citation
[1911] ScotLR 433
Parties
Pursuer: Allan Maclachlan; Defender: John W. Bruce & Company; Defender: John Wilson Bruce
Jurisdiction
Scotland
Judgment Date
06 February 1911
Procedural Posture
Appeal / Competency of Appeal From Sheriff Court to Court of Session
Outcome
objection to competency of appeal repelled; appeal found competent
Legal Topics
Breach of Interdict, Appeal Competency, Quasi Criminal Proceedings
Civil Procedure Contempt of Court Breach of Interdict Appeal Competency Quasi Criminal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Allan Maclachlan

Pursuer

John W. Bruce & Company

Defender

John Wilson Bruce

Defender

Procedural Posture

Appeal / Competency of Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Is an appeal to the Court of Session competent against a sentence by a Sheriff-Substitute imposing a fine for breach of interdict with alternative imprisonment?

Ratio Decidendi

The objection to the competency of the appeal is contrary to established practice, and there is no statutory bar under the Sheriff Courts Act 1907; therefore, the appeal to the Court of Session is competent.

Court Disposition

objection to competency of appeal repelled; appeal found competent

Orders

  • Appeal to the Court of Session is competent.
  • Cause appointed to be put to the Summar Roll.