The City of Glasgow v. General Accident Fire and Life Assurance Corporation, Ltd [1914] ScotLR 712 (16 June 1914)

The City of Glasgow v. General Accident Fire and Life Assurance Corporation, Ltd [1914] ScotLR 712 (16 June 1914)

The interlocutor was a final judgment because it finally disposed of the appellants' pleas and contentions in the competition, leaving them with no further interest or place in the litigation, and thus was appealable.

Citation
[1914] ScotLR 712
Parties
Pursuer: The City of Glasgow; Defender/appellant: General Accident Fire and Life Assurance Corporation, Limited; Arrestee: Masterton & Williamson; Defender: James Macleish
Jurisdiction
Scotland
Judgment Date
16 June 1914
Procedural Posture
Appeal / Objection to Competency of Appeal From Sheriff Court to Court of Session
Outcome
Objection to competency of appeal repelled; appeal held competent.
Legal Topics
Final Judgment, Appeal Competency, Sheriff Courts (scotland) Act 1907, Sheriff Courts (scotland) Act 1913, Court of Session Act 1868
Civil Procedure Final Judgment Appeal Competency Sheriff Courts (scotland) Act 1907 Sheriff Courts (scotland) Act 1913 Court of Session Act 1868

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Parties

The City of Glasgow

Pursuer

General Accident Fire and Life Assurance Corporation, Limited

Defender/appellant

Masterton & Williamson

Arrestee

James Macleish

Defender

Procedural Posture

Appeal / Objection to Competency of Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether the interlocutor of the Sheriff was a 'final judgment' and thus appealable under the Sheriff Courts (Scotland) Act 1907 and 1913 and the Court of Session Act 1868.

Ratio Decidendi

The interlocutor was a final judgment because it finally disposed of the appellants' pleas and contentions in the competition, leaving them with no further interest or place in the litigation, and thus was appealable.

Court Disposition

Objection to competency of appeal repelled; appeal held competent.

Orders

  • Objection to competency of appeal repelled.