Blackburn v. Sharp & Another [1905] ScotLR 43_209 (21 December 1905)

A reclaiming note is competently lodged on the first day the clerk's office is open after expiry of reclaiming days, if the office was closed on the last day.

Citation: [1905] ScotLR 43_209
Parties: Pursuer and Respondent: Blackburn; Defenders and Reclaimers: Sharp & Another
Jurisdiction: Scotland
Judgment Date: 21 December 1905
Procedural Posture: Reclaiming Note / Inner House, First Division, Post Interlocutory Judgment
Outcome: respondent's objection repelled; reclaiming note held competent
Legal Topics: Competency of Reclaiming Note, Expiry of Reclaiming Days, Court of Session Act 1868 Section 54

Civil Procedure Competency of Reclaiming Note Expiry of Reclaiming Days Court of Session Act 1868 Section 54

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 1 Authorities cited 4 Party arguments 2

Parties

Blackburn

Pursuer and Respondent

Sharp & Another

Defenders and Reclaimers

Procedural Posture

Reclaiming Note / Inner House, First Division, Post Interlocutory Judgment

Legal Issues

1 Whether a reclaiming note lodged on the first day the clerk's office is open after expiry of reclaiming days is competent

Ratio Decidendi

A reclaiming note is competently lodged on the first day the clerk's office is open after expiry of reclaiming days, if the office was closed on the last day.

Court Disposition

respondent's objection repelled; reclaiming note held competent

Orders

reclaiming note accepted as competent