Dingwall v. Fisher [1909] ScotLR 507 (11 March 1909)

Dingwall v. Fisher [1909] ScotLR 507 (11 March 1909)

Lodging notice of motion to vary the issue within six days of the Lord Ordinary's interlocutor is sufficient to comply with the statutory time limit; the actual hearing or moving of the motion can occur later.

Citation
[1909] ScotLR 507
Parties
Pursuer: Christina Dingwall; Defender: John Fisher
Jurisdiction
Scotland
Judgment Date
11 March 1909
Procedural Posture
Civil / Motion to Vary Issue Prior to Trial
Outcome
objection repelled
Legal Topics
Motion to Vary Issue, Time Limits for Motions, Court of Session Act 1868 Section 28
Civil Procedure Motion to Vary Issue Time Limits for Motions Court of Session Act 1868 Section 28

Case Brief

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Parties

Christina Dingwall

Pursuer

John Fisher

Defender

Procedural Posture

Civil / Motion to Vary Issue Prior to Trial

Legal Issues

  1. 1 Whether a motion to vary an issue is timeously made if lodged within six days of the Lord Ordinary's interlocutor approving the issue but not moved within that period

Ratio Decidendi

Lodging notice of motion to vary the issue within six days of the Lord Ordinary's interlocutor is sufficient to comply with the statutory time limit; the actual hearing or moving of the motion can occur later.

Court Disposition

objection repelled

Orders

  • Objection to competency of motion to vary issue repelled