Anderson and Another v. Stoddart and Others [1923] ScotLR 483 (25 May 1923)

Anderson and Another v. Stoddart and Others [1923] ScotLR 483 (25 May 1923)

Objections based on misnomer, incorrect address, or misdescription are to be repelled where there is no averment or evidence of confusion, injustice, or doubt as to the identity of the respondents; technical errors do not nullify the interdict if the parties knew they were the persons referred to and committed the prohibited acts.

Citation
[1923] ScotLR 483
Parties
Petitioner: John Anderson; Petitioner: Roderick Anderson; Respondent: Neil Stoddart; Respondent: Neil M'Innes; Respondent: Donald Grant
Jurisdiction
Scotland
Judgment Date
25 May 1923
Procedural Posture
Petition and Complaint for Breach of Interdict / Preliminary Objections to Designation and Description of Respondents
Outcome
Objections repelled; respondents ordained to appear at the bar.
Legal Topics
Interdict, Misnomer, Misdescription, Designation of Respondents, Breach of Interdict
Civil Procedure Interdict Misnomer Misdescription Designation of Respondents Breach of Interdict

Case Brief

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Parties

John Anderson

Petitioner

Roderick Anderson

Petitioner

Neil Stoddart

Respondent

Neil M'Innes

Respondent

Donald Grant

Respondent

Procedural Posture

Petition and Complaint for Breach of Interdict / Preliminary Objections to Designation and Description of Respondents

Legal Issues

  1. 1 Whether misnomer, incorrect address, or misdescription of respondents invalidates an interdict or its enforcement for breach

Ratio Decidendi

Objections based on misnomer, incorrect address, or misdescription are to be repelled where there is no averment or evidence of confusion, injustice, or doubt as to the identity of the respondents; technical errors do not nullify the interdict if the parties knew they were the persons referred to and committed the prohibited acts.

Court Disposition

Objections repelled; respondents ordained to appear at the bar.

Orders

  • Objections to designation and description of respondents repelled.
  • Respondents ordained to appear at the bar.