Lochrie v. M'Gregor. Lochrie Petitioner [1910] ScotLR 41 (09 November 1910)

Lochrie v. M'Gregor. Lochrie Petitioner [1910] ScotLR 41 (09 November 1910)

A clerical error in the citation copy does not invalidate sequestration proceedings where the substantive creditor qualification is met and no prejudice is shown; recall of a going sequestration is not warranted absent evidence of creditor preferences that would be cut down under the first petition.

Citation
[1910] ScotLR 41
Parties
Petitioner/appellant/reclaimer: Robert Lochrie; Respondent/defender: Jeanie M'Gregor
Jurisdiction
Scotland
Judgment Date
09 November 1910
Procedural Posture
Petition for Sequestration and Appeal/reclaiming Note / Appeal and Reclaiming Note Heard Together; Judgment Delivered
Outcome
Appeal partially allowed; reclaiming note refused
Legal Topics
Sequestration, Citation Error, Preferences, Recall of Sequestration
Bankruptcy Civil Procedure Sequestration Citation Error Preferences Recall of Sequestration

Case Brief

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Parties

Robert Lochrie

Petitioner/appellant/reclaimer

Jeanie M'Gregor

Respondent/defender

Procedural Posture

Petition for Sequestration and Appeal/reclaiming Note / Appeal and Reclaiming Note Heard Together; Judgment Delivered

Legal Issues

  1. 1 Whether a clerical error in the citation copy of a petition for sequestration invalidates proceedings
  2. 2 Whether the Court should recall a going sequestration when no creditor preferences are alleged

Ratio Decidendi

A clerical error in the citation copy does not invalidate sequestration proceedings where the substantive creditor qualification is met and no prejudice is shown; recall of a going sequestration is not warranted absent evidence of creditor preferences that would be cut down under the first petition.

Court Disposition

Appeal partially allowed; reclaiming note refused

Orders

  • Interlocutor of Sheriff-Substitute recalled in so far as it found pursuer liable in payment to defender Jeanie M'Gregor in thirty shillings of expenses; instead, Jeanie M'Gregor found liable to pursuer in thirty shillings of expenses
  • Quoad ultra, interlocutor affirmed and decerned