Mackenzie v. Maclennan [1916] ScotLR 452 (16 March 1916)

Mackenzie v. Maclennan [1916] ScotLR 452 (16 March 1916)

The Civil Imprisonment (Scotland) Act 1882 expressly altered the procedure for lawburrows, abolishing the old remedy of suspension. Appeals must now proceed by stated case under the Summary Jurisdiction Acts; the note of suspension is incompetent.

Citation
[1916] ScotLR 452
Parties
Complainer: Kenneth Mackenzie; Respondent: Kenneth Maclennan
Jurisdiction
Scotland
Judgment Date
16 March 1916
Procedural Posture
Note of Suspension / Appeal From Sheriff Court Decree
Outcome
action dismissed
Legal Topics
Lawburrows, Suspension, Competency of Remedies, Civil Imprisonment (scotland) Act 1882
Civil Procedure Scottish Law Lawburrows Suspension Competency of Remedies Civil Imprisonment (scotland) Act 1882

Case Brief

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Parties

Kenneth Mackenzie

Complainer

Kenneth Maclennan

Respondent

Procedural Posture

Note of Suspension / Appeal From Sheriff Court Decree

Legal Issues

  1. 1 Is suspension of a decree of lawburrows competent after the Civil Imprisonment (Scotland) Act 1882?
  2. 2 Does the Act abrogate the old remedy of suspension?

Ratio Decidendi

The Civil Imprisonment (Scotland) Act 1882 expressly altered the procedure for lawburrows, abolishing the old remedy of suspension. Appeals must now proceed by stated case under the Summary Jurisdiction Acts; the note of suspension is incompetent.

Court Disposition

action dismissed

Orders

  • interlocutor of the Lord Ordinary recalled
  • second plea-in-law for respondent sustained