Crowe v. Irvine [1914] ScotLR 112_1 (02 December 1914)

Prima facie evidence showed the defender's inability to pay due to war circumstances; therefore, execution on the decree should be suspended for six weeks.

Citation: [1914] ScotLR 112_1
Parties: Pursuer: John Crowe; Defender: Roy Irvine
Jurisdiction: Scotland
Judgment Date: 02 December 1914
Procedural Posture: Civil Appeal / Application for Stay of Execution Pending Proof
Outcome: stay of execution granted for six weeks
Legal Topics: Diligence, Stay of Execution, Emergency Powers, Inability to Pay Due to War

Civil Procedure Diligence Stay of Execution Emergency Powers Inability to Pay Due to War

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Parties

John Crowe

Pursuer

Roy Irvine

Defender

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Proof

Legal Issues

1 Whether execution on a decree for expenses should be stayed under the Courts (Emergency Powers) Act 1914 due to inability to pay caused by war circumstances.

Ratio Decidendi

Prima facie evidence showed the defender's inability to pay due to war circumstances; therefore, execution on the decree should be suspended for six weeks.

Court Disposition

stay of execution granted for six weeks

Orders

Execution on the decrees is suspended for six weeks from the date of judgment.