Manchester and County Bank, Ltd v. Moore [1908] ScotLR 222 (05 December 1908)

An appeal to the Court of Session is incompetent where the appellant did not insist in the appeal before the Sheriff, as this is equivalent to consenting to dismissal of the appeal.

Citation: [1908] ScotLR 222
Parties: Pursuer/respondent: Manchester and County Bank, Limited; Defender/appellant: Edmund Cranston Moore
Jurisdiction: Scotland
Judgment Date: 05 December 1908
Procedural Posture: Civil Appeal / Appeal From Sheriff to Court of Session
Outcome: appeal dismissed as incompetent
Legal Topics: Competency of Appeal, Consent to Dismissal, Sheriff Court Procedure

Civil Procedure Competency of Appeal Consent to Dismissal Sheriff Court Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Manchester and County Bank, Limited

Pursuer/respondent

Edmund Cranston Moore

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session

Legal Issues

1 Whether an appeal to the Court of Session is competent where the appeal before the Sheriff was not insisted in at the Bar and dismissed accordingly.

Ratio Decidendi

An appeal to the Court of Session is incompetent where the appellant did not insist in the appeal before the Sheriff, as this is equivalent to consenting to dismissal of the appeal.

Court Disposition

appeal dismissed as incompetent

Orders

appeal dismissed