Marshall v. Caledonian Railway Co. [1900] ScotLR 37_514 (06 March 1900)

Marshall v. Caledonian Railway Co. [1900] ScotLR 37_514 (06 March 1900)

Service of citation at a place of business within the sheriffdom is valid under the Sheriff Courts (Scotland) Act 1876, sec. 46, regardless of whether it is the principal office. Appearance by the defender precludes objection to the regularity of citation under sec. 12(2). The statutory provisions of 1876 govern...

Source-derived case information.

Citation
[1900] ScotLR 37_514
Parties
Pursuer: Thomas Marshall junior; Defender: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
06 March 1900
Procedural Posture
Civil / Interlocutory Appeal on Citation and Jurisdiction
Outcome
defenders' plea repelled; interlocutor affirmed; case to proceed to jury trial
Legal Topics
Citation of Companies, Jurisdiction of Sheriff Courts, Service of Process, Principal Office Definition
Civil Procedure Transport Law Citation of Companies Jurisdiction of Sheriff Courts Service of Process Principal Office Definition

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Parties

Thomas Marshall junior

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Civil / Interlocutory Appeal on Citation and Jurisdiction

Legal Issues

  1. 1 Whether service of citation at a place of business (not the head office) of a railway company is valid under the relevant statutes
  2. 2 Whether appearance by the defender precludes objection to citation regularity

Ratio Decidendi

Service of citation at a place of business within the sheriffdom is valid under the Sheriff Courts (Scotland) Act 1876, sec. 46, regardless of whether it is the principal office. Appearance by the defender precludes objection to the regularity of citation under sec. 12(2). The statutory provisions of 1876 govern over the earlier Acts for purposes of citation and jurisdiction.

Court Disposition

defenders' plea repelled; interlocutor affirmed; case to proceed to jury trial

Orders

  • Affirmed the interlocutor of the Sheriff-Substitute of 5th February
  • Repelled the first plea-in-law for the defenders