Clark (Barr's Curator Bonis) v. Barr's Trustees [1903] ScotLR 40_625 (26 May 1903)

Clark (Barr's Curator Bonis) v. Barr's Trustees [1903] ScotLR 40_625 (26 May 1903)

A reclaiming-note against an interlocutor for discharge cannot bring under review a prior interlocutor on the merits not reclaimed against within eight days; the interlocutor of 21st August 1902 was a judgment on the merits and is final under section 6 of the Distribution of Business Act 1857.

Citation
[1903] ScotLR 40_625
Parties
Petitioner and Curator Bonis: Malcolm Turner Clark; Respondents, Representatives of Deceased Ward: Barr's Trustees; Court Appointed Auditor: Accountant of Court
Jurisdiction
Scotland
Judgment Date
26 May 1903
Procedural Posture
Summary Petition for Discharge of Curator Bonis / Reclaiming Note Against Interlocutor
Outcome
reclaiming-note dismissed as incompetent
Legal Topics
Curator Bonis Discharge, Finality of Interlocutors, Distribution of Business Act 1857, Right of Retention in Shares
Trusts and Estates Judicial Administration Curator Bonis Discharge Finality of Interlocutors Distribution of Business Act 1857 Right of Retention in Shares

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Parties

Malcolm Turner Clark

Petitioner and Curator Bonis

Barr's Trustees

Respondents, Representatives of Deceased Ward

Accountant of Court

Court Appointed Auditor

Procedural Posture

Summary Petition for Discharge of Curator Bonis / Reclaiming Note Against Interlocutor

Legal Issues

  1. 1 Whether a reclaiming-note against an interlocutor for discharge can bring under review a prior interlocutor not reclaimed against
  2. 2 Whether the interlocutor of 21st August 1902 was a judgment on the merits under section 6 of the Distribution of Business Act 1857

Ratio Decidendi

A reclaiming-note against an interlocutor for discharge cannot bring under review a prior interlocutor on the merits not reclaimed against within eight days; the interlocutor of 21st August 1902 was a judgment on the merits and is final under section 6 of the Distribution of Business Act 1857.

Court Disposition

reclaiming-note dismissed as incompetent

Orders

  • Adhere to interlocutor of 26th November 1902
  • Find respondents entitled to expenses of reclaiming-note