Horn & Co., Ltd v. Tangyes, Ltd [1906] ScotLR 43_362 (06 February 1906)

Horn & Co., Ltd v. Tangyes, Ltd [1906] ScotLR 43_362 (06 February 1906)

The interlocutor, though not expressly termed 'sisting process', in substance stays proceedings until caution is found and thus qualifies as a sisting process, making the appeal competent under section 24 of the Sheriff Court Act 1853.

Citation
[1906] ScotLR 43_362
Parties
Pursuer/appellant: John Horn & Company, Limited; Defender/respondent: Tangyes, Limited
Jurisdiction
Scotland
Judgment Date
06 February 1906
Procedural Posture
Appeal / Preliminary Appeal on Competency
Outcome
Appeal held competent; court proceeds to hear the appeal.
Legal Topics
Competency of Appeal, Security for Costs, Sisting Process
Civil Procedure Company Law Competency of Appeal Security for Costs Sisting Process

Case Brief

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Parties

John Horn & Company, Limited

Pursuer/appellant

Tangyes, Limited

Defender/respondent

Procedural Posture

Appeal / Preliminary Appeal on Competency

Legal Issues

  1. 1 Is the interlocutor ordaining the pursuers to find caution and sisting procedure appealable under section 24 of the Sheriff Court Act 1853?
  2. 2 Does the interlocutor constitute a sisting process within the meaning of the statute?

Ratio Decidendi

The interlocutor, though not expressly termed 'sisting process', in substance stays proceedings until caution is found and thus qualifies as a sisting process, making the appeal competent under section 24 of the Sheriff Court Act 1853.

Court Disposition

Appeal held competent; court proceeds to hear the appeal.

Orders

  • Appeal allowed to proceed; court to hear merits.