Leggat Brothers v. Gray [1911] ScotLR 189 (09 December 1911)
A decree in foro cannot be challenged by exception under Rule 50; jurisdiction for furthcoming is satisfied if the arrestee is subject to the Sheriff Court, and no further jurisdictional foundation against the common debtor is required.
- Citation
- [1911] ScotLR 189
- Parties
- Pursuers: Leggat Brothers; Defender/common Debtor: George Gray; Arrestees: Moss' Empires, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 09 December 1911
- Procedural Posture
- Appeal / Inner House, First Division, Court of Session
- Outcome
- appeal dismissed
- Legal Topics
- Jurisdiction, Arrestment, Furthcoming, Reduction, Sheriff Courts (scotland) Act 1907
Case Brief
Summary, issues, holding and outcome
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Parties
Leggat Brothers
Pursuers
George Gray
Defender/common Debtor
Moss' Empires, Limited
Arrestees
Procedural Posture
Appeal / Inner House, First Division, Court of Session
Legal Issues
- 1 Whether a decree in foro can be challenged by exception under Rule 50 of the Sheriff Courts (Scotland) Act 1907
- 2 Whether jurisdiction must be founded against the common debtor in an action of furthcoming
- 3 Whether arrestment to found jurisdiction is necessary in the action of furthcoming
Ratio Decidendi
A decree in foro cannot be challenged by exception under Rule 50; jurisdiction for furthcoming is satisfied if the arrestee is subject to the Sheriff Court, and no further jurisdictional foundation against the common debtor is required.
Court Disposition
appeal dismissed
Orders
- affirmed interlocutor of Sheriff-Substitute dated 16th November 1910
- remitted cause to Sheriff-Substitute to proceed
Full Case Text
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