Muirhead v. Gilmour [1909] ScotLR 425 (06 February 1909)

The true matter of dispute was the sum of £10, not the value of the heritable property itself; therefore, the statutory threshold for transmission was not met and the transmission was incompetent.

Citation: [1909] ScotLR 425
Parties: Pursuer: William Muirhead of Hayocks, Stevenston; Defender: John J. B. Gilmour, solicitor, Stevenston
Jurisdiction: Scotland
Judgment Date: 06 February 1909
Procedural Posture: Civil / Application for Transmission From Sheriff Court to Court of Session
Outcome: transmission incompetent; case remitted to Sheriff Court
Legal Topics: Jurisdiction, Heritable Right, Sheriff Courts (scotland) Act 1907, Transmission of Cause, Value of Subject in Dispute

Civil Procedure Property Law Jurisdiction Heritable Right Sheriff Courts (scotland) Act 1907 Transmission of Cause Value of Subject in Dispute

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Parties

William Muirhead of Hayocks, Stevenston

Pursuer

John J. B. Gilmour, solicitor, Stevenston

Defender

Procedural Posture

Civil / Application for Transmission From Sheriff Court to Court of Session

Legal Issues

1 Whether the cause could be competently transmitted from the Sheriff Court to the Court of Session under section 5(5)(a) of the Sheriff Courts (Scotland) Act 1907, given the value of the subject in dispute.

Ratio Decidendi

The true matter of dispute was the sum of £10, not the value of the heritable property itself; therefore, the statutory threshold for transmission was not met and the transmission was incompetent.

Court Disposition

transmission incompetent; case remitted to Sheriff Court

Orders

The case is to be remitted back to the Sheriff Court.