Yeaman v. Little [1906] ScotLR 43_504 (16 March 1906)

Yeaman v. Little [1906] ScotLR 43_504 (16 March 1906)

The appeal is incompetent because the Sheriff exercised his jurisdiction in declaring the election result, and section 71 of the Bankruptcy (Scotland) Act 1856 renders such decisions final and not subject to review, regardless of any factual or legal error in the counting of votes.

Citation
[1906] ScotLR 43_504
Parties
Appellant: John Yeaman; Respondent: John Little
Jurisdiction
Scotland
Judgment Date
16 March 1906
Procedural Posture
Bankruptcy Appeal / Appeal From Sheriff Substitute to Court of Session Inner House, First Division
Outcome
appeal refused
Legal Topics
Finality of Sheriff's Decision, Election of Trustee, Competency of Appeal
Bankruptcy Civil Procedure Finality of Sheriff's Decision Election of Trustee Competency of Appeal

Case Brief

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Parties

John Yeaman

Appellant

John Little

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From Sheriff Substitute to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether an appeal is competent against the Sheriff's decision declaring the election of a trustee under section 71 of the Bankruptcy (Scotland) Act 1856, where the Sheriff allegedly erred in deducting a vote not actually given.

Ratio Decidendi

The appeal is incompetent because the Sheriff exercised his jurisdiction in declaring the election result, and section 71 of the Bankruptcy (Scotland) Act 1856 renders such decisions final and not subject to review, regardless of any factual or legal error in the counting of votes.

Court Disposition

appeal refused

Orders

  • The appeal is refused.