David Allen & Sons, Billposting Ltd v. The Dundee and District Billposting Co., Ltd [1912] ScotLR 716 (17 May 1912)

Where the only remaining issue in a case is pecuniary and the value does not exceed £50, an appeal is incompetent under the Sheriff Courts (Scotland) Act 1907, sec. 28.

Citation: [1912] ScotLR 716
Parties: Pursuer: David Allen & Sons, Billposting Limited; Defender: The Dundee and District Billposting Company, Limited
Jurisdiction: Scotland
Judgment Date: 17 May 1912
Procedural Posture: Appeal / Appeal Against Sheriff Substitute's Award of Damages
Outcome: appeal dismissed as incompetent
Legal Topics: Competency of Appeal, Value of Cause, Damages, Interdict

Civil Procedure Competency of Appeal Value of Cause Damages Interdict

Case Brief

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Parties

David Allen & Sons, Billposting Limited

Pursuer

The Dundee and District Billposting Company, Limited

Defender

Procedural Posture

Appeal / Appeal Against Sheriff Substitute's Award of Damages

Legal Issues

1 Whether an appeal is competent where the only remaining issue is pecuniary and the value does not exceed £50 under the Sheriff Courts (Scotland) Act 1907, sec. 28.

Ratio Decidendi

Where the only remaining issue in a case is pecuniary and the value does not exceed £50, an appeal is incompetent under the Sheriff Courts (Scotland) Act 1907, sec. 28.

Court Disposition

appeal dismissed as incompetent

Orders

objection to competency of appeal sustained
appeal dismissed