Ponton's Executors v. Ponton [1913] ScotLR 412 (31 January 1913)

Ponton's Executors v. Ponton [1913] ScotLR 412 (31 January 1913)

A foreigner who sues in the Sheriff Court in a representative capacity is not subject to the jurisdiction of the Court ex reconventione in an action against him as an individual, as section 6(h) of the Sheriff Courts (Scotland) Act 1907 does not alter the requirement that the parties must be the same in both actions and in the same capacity.

Citation
[1913] ScotLR 412
Parties
Pursuer: John Watson M'Crindle, LL. D., Westcliffe-on-Sea, Essex, and another, the trustees and executors of the late Mrs Jane Maclean or Ponton; Defender: Archibald Campbell Ponton, Guildford Road, Tunbridge-Wells
Jurisdiction
Scotland
Judgment Date
31 January 1913
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed
Legal Topics
Reconvention, Sheriff Courts (scotland) Act 1907, Capacity of Parties, Executor Liability
Civil Procedure Jurisdiction Reconvention Sheriff Courts (scotland) Act 1907 Capacity of Parties Executor Liability

Case Brief

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Parties

John Watson M'Crindle, LL. D., Westcliffe-on-Sea, Essex, and another, the trustees and executors of the late Mrs Jane Maclean or Ponton

Pursuer

Archibald Campbell Ponton, Guildford Road, Tunbridge-Wells

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether a party suing in a representative capacity in the Sheriff Court is subject to jurisdiction ex reconventione in an action against him as an individual under section 6(h) of the Sheriff Courts (Scotland) Act 1907.

Ratio Decidendi

A foreigner who sues in the Sheriff Court in a representative capacity is not subject to the jurisdiction of the Court ex reconventione in an action against him as an individual, as section 6(h) of the Sheriff Courts (Scotland) Act 1907 does not alter the requirement that the parties must be the same in both actions and in the same capacity.

Court Disposition

appeal dismissed

Orders

  • interlocutors appealed against affirmed
  • action dismissed