Copeland v. Wimborne [1912] ScotLR 280 (20 January 1912)

Copeland v. Wimborne [1912] ScotLR 280 (20 January 1912)

An interlocutor determining the mode of proof, if not reclaimed against within six days, becomes final and cannot be reviewed by a reclaiming note against a subsequent interlocutor; section 52 of the Court of Session Act 1868 does not apply to interlocutors already made final by section 28.

Citation
[1912] ScotLR 280
Parties
Pursuer and Reclaimer: Walter Charles Copeland; Defender and Respondent: Baron Wimborne (and Cornelia Henrietta Maria Baroness Wimborne, as receiver)
Jurisdiction
Scotland
Judgment Date
20 January 1912
Procedural Posture
Civil Action for Payment of Money / Reclaiming Note (appeal) Against Interlocutors
Outcome
reclaiming note refused; interlocutors adhered to; defenders assoilzied (absolved)
Legal Topics
Finality of Interlocutors, Review of Interlocutors, Proof by Writ or Oath, Court of Session Act 1868, Act of Sederunt 1870
Civil Procedure Finality of Interlocutors Review of Interlocutors Proof by Writ or Oath Court of Session Act 1868 Act of Sederunt 1870

Case Brief

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Parties

Walter Charles Copeland

Pursuer and Reclaimer

Baron Wimborne (and Cornelia Henrietta Maria Baroness Wimborne, as receiver)

Defender and Respondent

Procedural Posture

Civil Action for Payment of Money / Reclaiming Note (appeal) Against Interlocutors

Legal Issues

  1. 1 Whether an interlocutor allowing proof by writ or oath, not reclaimed against within six days, becomes final and not subject to review on a reclaiming note against a subsequent interlocutor
  2. 2 Whether section 52 of the Court of Session Act 1868 allows review of such an interlocutor

Ratio Decidendi

An interlocutor determining the mode of proof, if not reclaimed against within six days, becomes final and cannot be reviewed by a reclaiming note against a subsequent interlocutor; section 52 of the Court of Session Act 1868 does not apply to interlocutors already made final by section 28.

Court Disposition

reclaiming note refused; interlocutors adhered to; defenders assoilzied (absolved)

Orders

  • The Court adhered to the interlocutors of 26th October and 9th December 1911.
  • The defenders were assoilzied from the conclusions of the summons.