Stirling v. Graham [1919] ScotLR 58 (15 October 1919)

Stirling v. Graham [1919] ScotLR 58 (15 October 1919)

An appeal is competent against an interlocutor allowing proof in an action of removing when leave to appeal is granted, as section 28 of the Sheriff Courts Act 1907 (as amended) applies, and section 44 of the 1825 Act does not bar such an appeal unless a decree of removing has been granted.

Citation
[1919] ScotLR 58
Parties
Pursuer: James Stirling; Defender: John Graham; Defender: Robert Graham
Jurisdiction
Scotland
Judgment Date
15 October 1919
Procedural Posture
Appeal / Interlocutory Appeal Against Allowance of Proof in Action of Removing
Outcome
objection to competency of appeal repelled; appeal allowed to proceed
Legal Topics
Competency of Appeal, Removing, Interlocutory Judgments
Civil Procedure Property Law Competency of Appeal Removing Interlocutory Judgments

Case Brief

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Parties

James Stirling

Pursuer

John Graham

Defender

Robert Graham

Defender

Procedural Posture

Appeal / Interlocutory Appeal Against Allowance of Proof in Action of Removing

Legal Issues

  1. 1 Whether an appeal is competent against an interlocutor allowing proof in an action of removing

Ratio Decidendi

An appeal is competent against an interlocutor allowing proof in an action of removing when leave to appeal is granted, as section 28 of the Sheriff Courts Act 1907 (as amended) applies, and section 44 of the 1825 Act does not bar such an appeal unless a decree of removing has been granted.

Court Disposition

objection to competency of appeal repelled; appeal allowed to proceed

Orders

  • Objection to competency of appeal repelled
  • Case to proceed to summar roll