Marquis of Queensberry and His Trustees v. Douglas and Others [1907] ScotLR 724 (28 May 1907)

Marquis of Queensberry and His Trustees v. Douglas and Others [1907] ScotLR 724 (28 May 1907)

The interlocutor of February 10, 1906, was an interlocutor on the merits and became final when not reclaimed against within eight days as required by the Distribution of Business Act 1857, section 6. The reclaiming note against the interlocutor of July 14, 1906, was in substance an attempt to review the earlier, now-final interlocutor, and was therefore refused.

Citation
[1907] ScotLR 724
Parties
Petitioner: Percy Sholto Douglas, Marquis of Queensberry; Petitioner/trustee: Reginald Edward Walters; Petitioner/trustee: Henry Slane Fleming; Respondent/reclaimer: Lord Alfred Bruce Douglas; Respondent/reclaimer: Other residuary legatees of the deceased eighth Marquis of Queensberry
Jurisdiction
Scotland
Judgment Date
28 May 1907
Procedural Posture
Summary Petition / Reclaiming Note Against Interlocutor Authorising Payment of Consigned Funds
Outcome
reclaiming note refused
Legal Topics
Finality of Interlocutors, Competency of Reclaiming Notes, Distribution of Consigned Funds, Statutory Interpretation
Civil Procedure Trusts and Estates Finality of Interlocutors Competency of Reclaiming Notes Distribution of Consigned Funds Statutory Interpretation

Case Brief

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Parties

Percy Sholto Douglas, Marquis of Queensberry

Petitioner

Reginald Edward Walters

Petitioner/trustee

Henry Slane Fleming

Petitioner/trustee

Lord Alfred Bruce Douglas

Respondent/reclaimer

Other residuary legatees of the deceased eighth Marquis of Queensberry

Respondent/reclaimer

Procedural Posture

Summary Petition / Reclaiming Note Against Interlocutor Authorising Payment of Consigned Funds

Legal Issues

  1. 1 Whether a reclaiming note can be used to review an interlocutor on the merits not previously reclaimed against and now final under the Distribution of Business Act 1857, section 6.
  2. 2 Whether objection to the competency of a reclaiming note must be taken at the Single Bills stage.

Ratio Decidendi

The interlocutor of February 10, 1906, was an interlocutor on the merits and became final when not reclaimed against within eight days as required by the Distribution of Business Act 1857, section 6. The reclaiming note against the interlocutor of July 14, 1906, was in substance an attempt to review the earlier, now-final interlocutor, and was therefore refused.

Court Disposition

reclaiming note refused

Orders

  • Reclaiming note dismissed.