Aitchison v. M'Donald [1910] ScotLR 185 (23 November 1910)

Aitchison v. M'Donald [1910] ScotLR 185 (23 November 1910)

A charge cannot be served on a club member based solely on a decree against the club; the value of the cause for jurisdictional purposes includes both principal and expenses, exceeding £50, thus making the suspension competent in the Court of Session.

Citation
[1910] ScotLR 185
Parties
Complainer/reclaimer: George Aitchison; Respondent: John M'Donald
Jurisdiction
Scotland
Judgment Date
23 November 1910
Procedural Posture
Suspension of Charge (civil) / Inner House, First Division, Reclaiming Motion (appeal)
Outcome
Lord Ordinary's interlocutor recalled; note of suspension passed; suspension granted; complainer entitled to expenses.
Legal Topics
Competency of Suspension, Privative Jurisdiction, Sheriff Courts (scotland) Act 1907, Liability of Club Members, Validity of Charge
Civil Procedure Debt Recovery Competency of Suspension Privative Jurisdiction Sheriff Courts (scotland) Act 1907 Liability of Club Members Validity of Charge

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Parties

George Aitchison

Complainer/reclaimer

John M'Donald

Respondent

Procedural Posture

Suspension of Charge (civil) / Inner House, First Division, Reclaiming Motion (appeal)

Legal Issues

  1. 1 Whether a charge can be served on a club member based on a decree against the club
  2. 2 Whether the Court of Session has jurisdiction to entertain the suspension given the value of the cause and the Sheriff Courts (Scotland) Act 1907

Ratio Decidendi

A charge cannot be served on a club member based solely on a decree against the club; the value of the cause for jurisdictional purposes includes both principal and expenses, exceeding £50, thus making the suspension competent in the Court of Session.

Court Disposition

Lord Ordinary's interlocutor recalled; note of suspension passed; suspension granted; complainer entitled to expenses.

Orders

  • Recall of interlocutor of 15th September 1910
  • Remit to Lord Ordinary on the bills to pass the note