Wyllie v. Wyllie [1910] ScotLR 1 (15 October 1910)

Wyllie v. Wyllie [1910] ScotLR 1 (15 October 1910)

The Lord Ordinary erred in treating the lodging of issues as peremptory and mandatory for dismissal; under the Act of Sederunt 1870, the judge retains discretion to allow late lodging of issues, especially where an honest mistake occurred and no prejudice resulted.

Citation
[1910] ScotLR 1
Parties
Pursuer and Reclaimer: Wallace Wyllie; Pursuer's Agents: Clark & Macdonald, S. S. C.; Defender and Respondent: Charles Wyllie; Defender's Agent: James G. Bryson, Solicitor
Jurisdiction
Scotland
Judgment Date
15 October 1910
Procedural Posture
Civil Action for Damages / Reclaiming Motion Against Dismissal for Failure to Lodge Issues Timeously
Outcome
interlocutor recalled; case remitted to allow adjustment of issues
Legal Topics
Jury Trial, Failure to Lodge Issues, Judicial Discretion, Acts of Sederunt
Civil Procedure Jury Trial Failure to Lodge Issues Judicial Discretion Acts of Sederunt

Case Brief

Summary, issues, holding and outcome

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Parties

Wallace Wyllie

Pursuer and Reclaimer

Clark & Macdonald, S. S. C.

Pursuer's Agents

Charles Wyllie

Defender and Respondent

James G. Bryson, Solicitor

Defender's Agent

Procedural Posture

Civil Action for Damages / Reclaiming Motion Against Dismissal for Failure to Lodge Issues Timeously

Legal Issues

  1. 1 Whether the Lord Ordinary had discretion to allow issues not timeously lodged under the relevant Acts of Sederunt
  2. 2 Whether dismissal was mandatory for failure to lodge issues

Ratio Decidendi

The Lord Ordinary erred in treating the lodging of issues as peremptory and mandatory for dismissal; under the Act of Sederunt 1870, the judge retains discretion to allow late lodging of issues, especially where an honest mistake occurred and no prejudice resulted.

Court Disposition

interlocutor recalled; case remitted to allow adjustment of issues

Orders

  • case remitted to Lord Ordinary to allow issues to be adjusted
  • expenses of reclaiming note to be expenses of the cause