Henderson v. D. & W. Henderson [1911] ScotLR 101 (23 November 1911)

Henderson v. D. & W. Henderson [1911] ScotLR 101 (23 November 1911)

It is within the court's power to permit prints to be lodged late if there is an excusable cause, such as confusion arising from conjoined actions; the objection to competency was repelled and the reclaiming note allowed to proceed.

Citation
[1911] ScotLR 101
Parties
Pursuer and Defender (reclaimer): Lawrence David Henderson; Defenders and Pursuers (respondents): D. & W. Henderson and others
Jurisdiction
Scotland
Judgment Date
23 November 1911
Procedural Posture
Civil Appeal (reclaiming Note) / Inner House, First Division, Post Interlocutor, Competency Objection
Outcome
Objection to competency repelled; reclaiming note allowed to proceed.
Legal Topics
Competency of Reclaiming Note, Procedural Compliance, Omission to Box Record, Conjoined Actions
Civil Procedure Competency of Reclaiming Note Procedural Compliance Omission to Box Record Conjoined Actions

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Parties

Lawrence David Henderson

Pursuer and Defender (reclaimer)

D. & W. Henderson and others

Defenders and Pursuers (respondents)

Procedural Posture

Civil Appeal (reclaiming Note) / Inner House, First Division, Post Interlocutor, Competency Objection

Legal Issues

  1. 1 Whether failure to append prints of the closed record in a conjoined action renders a reclaiming note incompetent
  2. 2 Whether statutory requirements for lodging records are imperative or directory

Ratio Decidendi

It is within the court's power to permit prints to be lodged late if there is an excusable cause, such as confusion arising from conjoined actions; the objection to competency was repelled and the reclaiming note allowed to proceed.

Court Disposition

Objection to competency repelled; reclaiming note allowed to proceed.

Orders

  • Cause appointed to be put on the roll.