Thornhill District Committee v. James M'Gregor & Son and R. & C. H. Dickie [1922] ScotLR 399 (26 May 1922)

Thornhill District Committee v. James M'Gregor & Son and R. & C. H. Dickie [1922] ScotLR 399 (26 May 1922)

The Court held that the appeal from the Sheriff-Substitute to the Sheriff was competent under the amended statutory framework, and the Sheriff erred in dismissing the appeal as incompetent.

Citation
[1922] ScotLR 399
Parties
Pursuer: Thornhill District Committee of the County Council of the County of Dumfries; Defender: James M'Gregor & Son; Defender: R. & C. H. Dickie
Jurisdiction
Scotland
Judgment Date
26 May 1922
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session Inner House
Outcome
appeal allowed
Legal Topics
Competency of Appeal, Statutory Interpretation, Recovery of Extraordinary Road Expenses
Civil Procedure Local Government Law Road and Transport Law Competency of Appeal Statutory Interpretation Recovery of Extraordinary Road Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Thornhill District Committee of the County Council of the County of Dumfries

Pursuer

James M'Gregor & Son

Defender

R. & C. H. Dickie

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session Inner House

Legal Issues

  1. 1 Whether an appeal from the Sheriff-Substitute to the Sheriff is competent under section 57 of the Roads and Bridges (Scotland) Act 1878 as amended by the Local Government (Scotland) Act 1908 when the sum exceeds £50.
  2. 2 Whether the Sheriff Courts (Scotland) Act 1907 provides for such an appeal.

Ratio Decidendi

The Court held that the appeal from the Sheriff-Substitute to the Sheriff was competent under the amended statutory framework, and the Sheriff erred in dismissing the appeal as incompetent.

Court Disposition

appeal allowed

Orders

  • Interlocutor of the Sheriff dated 23rd March 1922 recalled.
  • Cause remitted back to the Sheriff to proceed as accords.