Davies v. Davies [1901] ScotLR 39_4 (15 October 1901)

Davies v. Davies [1901] ScotLR 39_4 (15 October 1901)

The Court held that, in the circumstances, the objection to the competency of the reclaiming-note based on lack of counsel's signature should not be sustained, allowing the party litigant to proceed.

Citation
[1901] ScotLR 39_4
Parties
Pursuer/respondent: Mrs Rebecca Ash or Davies; Defender/reclaimer: Simon Davies
Jurisdiction
Scotland
Judgment Date
15 October 1901
Procedural Posture
Civil / Reclaiming Note (appeal) Against Decree of Separation and Aliment
Outcome
Objection to competency of reclaiming-note repelled; case sent to the roll.
Legal Topics
Separation and Aliment, Competency of Reclaiming Note, Party Litigant Signature
Family Law Civil Procedure Separation and Aliment Competency of Reclaiming Note Party Litigant Signature

Case Brief

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Parties

Mrs Rebecca Ash or Davies

Pursuer/respondent

Simon Davies

Defender/reclaimer

Procedural Posture

Civil / Reclaiming Note (appeal) Against Decree of Separation and Aliment

Legal Issues

  1. 1 Whether a reclaiming-note (appeal) signed only by the party and not by counsel is competent

Ratio Decidendi

The Court held that, in the circumstances, the objection to the competency of the reclaiming-note based on lack of counsel's signature should not be sustained, allowing the party litigant to proceed.

Court Disposition

Objection to competency of reclaiming-note repelled; case sent to the roll.

Orders

  • Objection to competency of reclaiming-note not sustained
  • Case sent to the roll for further procedure