Macnabs v. Macnab [1912] ScotLR 339 (03 February 1912)

Macnabs v. Macnab [1912] ScotLR 339 (03 February 1912)

Where there are disputed matters of fact requiring inquiry, procedure by petition is inappropriate and inexpedient; the proper course is to bring an ordinary action of declarator.

Citation
[1912] ScotLR 339
Parties
Petitioner: Archibald Macnab; Petitioner: James Baird Macnab; Respondent: Peter Macnab
Jurisdiction
Scotland
Judgment Date
03 February 1912
Procedural Posture
Petition for Dissolution of Partnership / Appeal (reclaiming Motion) Against Dismissal of Petition
Outcome
petition dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Dissolution of Partnership, Competency of Procedure, Summary Application Vs. Ordinary Action
Partnership Law Civil Procedure Dissolution of Partnership Competency of Procedure Summary Application Vs. Ordinary Action

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Parties

Archibald Macnab

Petitioner

James Baird Macnab

Petitioner

Peter Macnab

Respondent

Procedural Posture

Petition for Dissolution of Partnership / Appeal (reclaiming Motion) Against Dismissal of Petition

Legal Issues

  1. 1 Whether procedure by petition is competent and appropriate for dissolution of partnership under disputed facts
  2. 2 Whether an ordinary action (declarator) is required where facts are disputed

Ratio Decidendi

Where there are disputed matters of fact requiring inquiry, procedure by petition is inappropriate and inexpedient; the proper course is to bring an ordinary action of declarator.

Court Disposition

petition dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Petition dismissed as inappropriate procedure; petitioners to proceed by ordinary action if so advised.