Ruthven and Others v. Ruthven [1905] ScotLR 42_562 (26 May 1905)

Ruthven and Others v. Ruthven [1905] ScotLR 42_562 (26 May 1905)

The interlocutor reclaimed against was recalled because it did not give effect to the pursuer's motion and was unworkable, with clerical errors requiring correction.

Citation
[1905] ScotLR 42_562
Parties
Pursuer: The Hon. Walter Patrick Ruthven, Master of Ruthven, and others, his trustees; Defender: Walter James Hore Ruthven, Baron Ruthven
Jurisdiction
Scotland
Judgment Date
26 May 1905
Procedural Posture
Civil / Reclaiming Note (appeal) Against Interlocutor
Outcome
interlocutor recalled
Legal Topics
Competency of Reclaiming Note, Correction of Interlocutor, Implement of Agreement
Civil Procedure Competency of Reclaiming Note Correction of Interlocutor Implement of Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

The Hon. Walter Patrick Ruthven, Master of Ruthven, and others, his trustees

Pursuer

Walter James Hore Ruthven, Baron Ruthven

Defender

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutor

Legal Issues

  1. 1 Is a reclaiming note competent against an interlocutor pronounced on the pursuer's own motion?
  2. 2 Should clerical errors in the interlocutor be corrected to reflect the pursuer's motion?

Ratio Decidendi

The interlocutor reclaimed against was recalled because it did not give effect to the pursuer's motion and was unworkable, with clerical errors requiring correction.

Court Disposition

interlocutor recalled

Orders

  • case remitted to Lord Ordinary for correction of interlocutor