Carmont and Another Petitioners [1922] ScotLR 538 (15 July 1922)

Carmont and Another Petitioners [1922] ScotLR 538 (15 July 1922)

The Inner House, having competent jurisdiction over the petition on reclaiming note, is not deprived of power to allow amendments or to dispose of the petition as amended, even if the amendment would have required initial presentation to the Junior Lord Ordinary. The Distribution of Business Act 1857 does not restrict this power.

Citation
[1922] ScotLR 538
Parties
Petitioners: John Carmont and another (majority of the Trustees of No. 2 Branch of the Edinburgh Division of the Comrades of the Great War Association); Respondents: Lawrence Walls and others (members of No. 2 Branch); Respondent: John Stewart (other trustee); Minuters: British Legion (Minuters); Minuters: United Services Fund (Minuters)
Jurisdiction
Scotland
Judgment Date
15 July 1922
Procedural Posture
Petition (reclaiming Note) / Inner House, First Division, on Reclaiming Note After Amendment of Petition
Outcome
Petition allowed as amended; interlocutor of Lord Ordinary recalled; estate sequestrated; judicial factor appointed.
Legal Topics
Competency of Petitions, Nobile Officium, Amendment of Pleadings, Distribution of Business Act 1857, Judicial Factor Appointment, Sequestration of Estate
Civil Procedure Trusts and Estates Competency of Petitions Nobile Officium Amendment of Pleadings Distribution of Business Act 1857 Judicial Factor Appointment Sequestration of Estate

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Parties

John Carmont and another (majority of the Trustees of No. 2 Branch of the Edinburgh Division of the Comrades of the Great War Association)

Petitioners

Lawrence Walls and others (members of No. 2 Branch)

Respondents

John Stewart (other trustee)

Respondent

British Legion (Minuters)

Minuters

United Services Fund (Minuters)

Minuters

Procedural Posture

Petition (reclaiming Note) / Inner House, First Division, on Reclaiming Note After Amendment of Petition

Legal Issues

  1. 1 Whether amendment of a petition before the Inner House renders it incompetent and requires it to be remitted to the Junior Lord Ordinary under the Distribution of Business Act 1857, section 4
  2. 2 Whether the Inner House retains power to deal with a petition amended to invoke the nobile officium

Ratio Decidendi

The Inner House, having competent jurisdiction over the petition on reclaiming note, is not deprived of power to allow amendments or to dispose of the petition as amended, even if the amendment would have required initial presentation to the Junior Lord Ordinary. The Distribution of Business Act 1857 does not restrict this power.

Court Disposition

Petition allowed as amended; interlocutor of Lord Ordinary recalled; estate sequestrated; judicial factor appointed.

Orders

  • Recall of Lord Ordinary's interlocutor
  • Sequestration of the estate