M'Lachlan v. Nelson & Co., Ltd [1904] ScotLR 41_213 (12 January 1904)

M'Lachlan v. Nelson & Co., Ltd [1904] ScotLR 41_213 (12 January 1904)

The essential statutory conditions for appeal were satisfied by boxing the required documents to the Judges. The failure to append a copy of the record to the principal reclaiming-note, while contrary to a directory court rule, did not render the reclaiming-note incompetent as no prejudice resulted and the Court had the necessary documents before it.

Citation
[1904] ScotLR 41_213
Parties
Pursuer and Reclaimer: Mrs Agnes Baxter or M'Lachlan; Defenders and Respondents: Nelson & Company, Limited
Jurisdiction
Scotland
Judgment Date
12 January 1904
Procedural Posture
Civil Appeal (reclaiming Note) / Inner House, First Division, Post Dismissal of Action by Lord Ordinary
Outcome
Reclaiming-note held competent; case sent to the roll.
Legal Topics
Competency of Reclaiming Note, Compliance With Statutory and Court Rules, Appeal Procedure
Civil Procedure Competency of Reclaiming Note Compliance With Statutory and Court Rules Appeal Procedure

Case Brief

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Parties

Mrs Agnes Baxter or M'Lachlan

Pursuer and Reclaimer

Nelson & Company, Limited

Defenders and Respondents

Procedural Posture

Civil Appeal (reclaiming Note) / Inner House, First Division, Post Dismissal of Action by Lord Ordinary

Legal Issues

  1. 1 Whether failure to append a copy of the record to the principal copy of the reclaiming-note renders the reclaiming-note incompetent
  2. 2 Whether the requirements of the Judicature Act 1825 and Act of Sederunt 1828 are imperative or directory

Ratio Decidendi

The essential statutory conditions for appeal were satisfied by boxing the required documents to the Judges. The failure to append a copy of the record to the principal reclaiming-note, while contrary to a directory court rule, did not render the reclaiming-note incompetent as no prejudice resulted and the Court had the necessary documents before it.

Court Disposition

Reclaiming-note held competent; case sent to the roll.

Orders

  • Reclaiming-note not refused; case to proceed.