Galpern v. Thompson [1916] ScotLR 51 (26 October 1916)

Galpern v. Thompson [1916] ScotLR 51 (26 October 1916)

The Sheriff was justified in refusing to repone the defender as no adequate excuse for non-appearance was provided; the local agent was responsible for conducting the case in the absence of the principal agent. The Court will not interfere with the Sheriff’s discretion in such matters unless strong reasons are shown.

Citation
[1916] ScotLR 51
Parties
Pursuer/respondent: Morris Galpern; Defender/appellant: John Thompson
Jurisdiction
Scotland
Judgment Date
26 October 1916
Procedural Posture
Appeal (civil, Damages for Slander) / Motion to Be Reponed Against Sheriff’s Interlocutor; Subsequent Motion to Refuse Appeal
Outcome
motion to be reponed refused; appeal allowed to be heard on merits subject to payment of expenses
Legal Topics
Reponing, Appeal Procedure, Sheriff Courts (scotland) Act 1907, Agent Duties, Discretion of Sheriff
Civil Procedure Defamation Reponing Appeal Procedure Sheriff Courts (scotland) Act 1907 Agent Duties Discretion of Sheriff

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Parties

Morris Galpern

Pursuer/respondent

John Thompson

Defender/appellant

Procedural Posture

Appeal (civil, Damages for Slander) / Motion to Be Reponed Against Sheriff’s Interlocutor; Subsequent Motion to Refuse Appeal

Legal Issues

  1. 1 Whether the Sheriff’s refusal to repone the defender against an interlocutor for non-appearance was justified
  2. 2 Whether the appeal should be refused or allowed to proceed on the merits

Ratio Decidendi

The Sheriff was justified in refusing to repone the defender as no adequate excuse for non-appearance was provided; the local agent was responsible for conducting the case in the absence of the principal agent. The Court will not interfere with the Sheriff’s discretion in such matters unless strong reasons are shown.

Court Disposition

motion to be reponed refused; appeal allowed to be heard on merits subject to payment of expenses

Orders

  • Motion to be reponed refused.
  • Defender to pay pursuer expenses incurred since Sheriff-Substitute's interlocutor of 14th August 1916.