Robertson v. Johnston [1908] ScotLR 289 (08 January 1908)

Robertson v. Johnston [1908] ScotLR 289 (08 January 1908)

The Court found that the delay in lodging prints was not contumacious and was justified by ongoing settlement negotiations, thus sufficient cause was shown to recall the interlocutor dismissing the action.

Citation
[1908] ScotLR 289
Parties
Pursuer: Andrew Robertson; Defender: John Johnston
Jurisdiction
Scotland
Judgment Date
08 January 1908
Procedural Posture
Petitory Action / Reclaiming Note Against Interlocutor Dismissing Action
Outcome
interlocutor recalled; cause remitted for further procedure; neither party entitled to expenses
Legal Topics
Failure to Lodge Prints, Reponing, Dismissal for Procedural Default
Civil Procedure Failure to Lodge Prints Reponing Dismissal for Procedural Default

Case Brief

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Parties

Andrew Robertson

Pursuer

John Johnston

Defender

Procedural Posture

Petitory Action / Reclaiming Note Against Interlocutor Dismissing Action

Legal Issues

  1. 1 Whether delay in lodging prints due to ongoing settlement negotiations constitutes sufficient cause to recall interlocutor dismissing action

Ratio Decidendi

The Court found that the delay in lodging prints was not contumacious and was justified by ongoing settlement negotiations, thus sufficient cause was shown to recall the interlocutor dismissing the action.

Court Disposition

interlocutor recalled; cause remitted for further procedure; neither party entitled to expenses

Orders

  • interlocutor of Lord Ordinary recalled
  • cause remitted to Lord Ordinary for further procedure