The Improved Edinburgh Property Investment Building Society v. Whites [1906] ScotLR 43_683 (14 June 1906)
The corporate name of a society incorporated under the Building Societies Act 1874 is sufficient to satisfy the requirements of section 6 of the Sheriff Courts Act 1876 for designation; no address is strictly required for identification.
- Citation
- [1906] ScotLR 43_683
- Parties
- Pursuer/respondent: The Improved Edinburgh Property Investment Building Society; Defender/appellant: Anthony White; Defender/appellant: Christina White
- Jurisdiction
- Scotland
- Judgment Date
- 14 June 1906
- Procedural Posture
- Appeal / Court of Session Inner House First Division
- Outcome
- appeal dismissed
- Legal Topics
- Designation of Parties, Corporate Identification, Sheriff Courts Act 1876 Section 6
Case Brief
Summary, issues, holding and outcome
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Parties
The Improved Edinburgh Property Investment Building Society
Pursuer/respondent
Anthony White
Defender/appellant
Christina White
Defender/appellant
Procedural Posture
Appeal / Court of Session Inner House First Division
Legal Issues
- 1 Whether the designation of the pursuer without an address satisfies the requirements of section 6 of the Sheriff Courts Act 1876
Ratio Decidendi
The corporate name of a society incorporated under the Building Societies Act 1874 is sufficient to satisfy the requirements of section 6 of the Sheriff Courts Act 1876 for designation; no address is strictly required for identification.
Court Disposition
appeal dismissed
Orders
- affirmed interlocutor of Sheriff and Sheriff-Substitute
- declared, decerned, and ordained in terms of the conclusions of the petition
Full Case Text
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