Lamb v. Thompson [1901] ScotLR 39_80 (07 November 1901)

Lamb v. Thompson [1901] ScotLR 39_80 (07 November 1901)

Suspension is a competent remedy to review a Sheriff Court decree ad factum præstandum, particularly where the charge threatens imprisonment and the complainer is unable to comply due to circumstances such as the goods having been sold and the complainer lacking knowledge of the purchasers' identities.

Citation
[1901] ScotLR 39_80
Parties
Complainer/respondent: D. B. Lamb; Respondent/reclaimer: M. Thompson
Jurisdiction
Scotland
Judgment Date
07 November 1901
Procedural Posture
Suspension of Charge Under Sheriff Court Decree / Reclaiming Note (appeal) in Inner House, Second Division
Outcome
reclaiming note refused; suspension granted by consent
Legal Topics
Competency of Suspension, Review of Inferior Court Decrees, Imprisonment for Non Delivery, Sheriff Court Procedure
Civil Procedure Bankruptcy Enforcement of Judgments Competency of Suspension Review of Inferior Court Decrees Imprisonment for Non Delivery Sheriff Court Procedure

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Parties

D. B. Lamb

Complainer/respondent

M. Thompson

Respondent/reclaimer

Procedural Posture

Suspension of Charge Under Sheriff Court Decree / Reclaiming Note (appeal) in Inner House, Second Division

Legal Issues

  1. 1 Is suspension a competent remedy to review a Sheriff Court decree ad factum præstandum where imprisonment is threatened?
  2. 2 Can a party seek suspension after failing to appeal the original decree?

Ratio Decidendi

Suspension is a competent remedy to review a Sheriff Court decree ad factum præstandum, particularly where the charge threatens imprisonment and the complainer is unable to comply due to circumstances such as the goods having been sold and the complainer lacking knowledge of the purchasers' identities.

Court Disposition

reclaiming note refused; suspension granted by consent

Orders

  • Suspension of the proceedings complained of, and whole warrants and grounds thereof, granted by consent.
  • Complainer (Lamb) entitled to expenses of the suspension.