Broatch v. Jackson [1900] ScotLR 37_748 (08 June 1900)

Broatch v. Jackson [1900] ScotLR 37_748 (08 June 1900)

Leave to appeal was refused because sustaining the plea of prescription would not terminate the litigation but only limit modes of proof, and the case could be quickly finished in the Court of Session. Allowing an appeal at this stage would be inconsistent with practice and risk loss of evidence.

Citation
[1900] ScotLR 37_748
Parties
Pursuer: Broatch; Defender: Jackson
Jurisdiction
Scotland
Judgment Date
08 June 1900
Procedural Posture
Civil / Petition for Leave to Appeal Interlocutory Judgment
Outcome
petition for leave to appeal refused
Legal Topics
Leave to Appeal, Interlocutory Judgment, Prescription, Appeal Procedure
Civil Procedure Leave to Appeal Interlocutory Judgment Prescription Appeal Procedure

Case Brief

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Parties

Broatch

Pursuer

Jackson

Defender

Procedural Posture

Civil / Petition for Leave to Appeal Interlocutory Judgment

Legal Issues

  1. 1 Whether leave to appeal to the House of Lords should be granted against an interlocutory judgment repelling a plea of triennial prescription

Ratio Decidendi

Leave to appeal was refused because sustaining the plea of prescription would not terminate the litigation but only limit modes of proof, and the case could be quickly finished in the Court of Session. Allowing an appeal at this stage would be inconsistent with practice and risk loss of evidence.

Court Disposition

petition for leave to appeal refused

Orders

  • petition for leave to appeal refused