Arrol & Sons v. Christie [1901] ScotLR 39_171 (04 December 1901)

Arrol & Sons v. Christie [1901] ScotLR 39_171 (04 December 1901)

Recall of the decree in absence before expiry of the induciæ in the sequestration petition destroyed the foundation for notour bankruptcy, removing the presumption of insolvency and leaving no statutory basis for awarding sequestration.

Citation
[1901] ScotLR 39_171
Parties
Pursuer/appellant: Archibald Arrol & Sons; Defender/respondent: Annie Christie
Jurisdiction
Scotland
Judgment Date
04 December 1901
Procedural Posture
Appeal (petition for Sequestration) / Inner House, First Division, Court of Session (appeal From Sheriff Court at Perth)
Outcome
appeal refused; sequestration refused
Legal Topics
Sequestration, Notour Bankruptcy, Recall of Decree in Absence, Insolvency, Statutory Requisites for Sequestration
Bankruptcy Civil Procedure Sequestration Notour Bankruptcy Recall of Decree in Absence Insolvency Statutory Requisites for Sequestration

Case Brief

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Parties

Archibald Arrol & Sons

Pursuer/appellant

Annie Christie

Defender/respondent

Procedural Posture

Appeal (petition for Sequestration) / Inner House, First Division, Court of Session (appeal From Sheriff Court at Perth)

Legal Issues

  1. 1 Whether recall of a decree in absence before expiry of induciæ in a sequestration petition removes evidence of notour bankruptcy and precludes sequestration.
  2. 2 Whether the statutory requisites for awarding sequestration were satisfied when the decree in absence was recalled.

Ratio Decidendi

Recall of the decree in absence before expiry of the induciæ in the sequestration petition destroyed the foundation for notour bankruptcy, removing the presumption of insolvency and leaving no statutory basis for awarding sequestration.

Court Disposition

appeal refused; sequestration refused

Orders

  • Petition for sequestration dismissed.
  • No expenses due to or by either party.