Addison v. Brown [1906] ScotLR 43_335 (02 February 1906)

Addison v. Brown [1906] ScotLR 43_335 (02 February 1906)

A party to an action who is an enrolled law-agent may himself execute service by registered letter, and a citation stating that the induciae run from the date of posting is valid if it follows the explicit wording of the Citation Amendment (Scotland) Act 1882. The statutory requirements were met, and the objections to the validity of the citation were unfounded.

Citation
[1906] ScotLR 43_335
Parties
Complainer/respondent: Abram Addison; Reclaimer/respondent: Robert Ainslie Brown
Jurisdiction
Scotland
Judgment Date
02 February 1906
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal allowed; note of suspension refused
Legal Topics
Service of Process, Citation by Registered Letter, Role of Law Agent as Party, Citation Amendment (scotland) Act 1882
Civil Procedure Service of Process Citation by Registered Letter Role of Law Agent as Party Citation Amendment (scotland) Act 1882

Case Brief

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Parties

Abram Addison

Complainer/respondent

Robert Ainslie Brown

Reclaimer/respondent

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a party who is an enrolled law-agent may execute service by registered letter upon himself as a party to the action
  2. 2 Whether a citation is invalid if the statement of induciae runs from the date of posting rather than twenty-four hours after posting, per the Citation Amendment (Scotland) Act 1882

Ratio Decidendi

A party to an action who is an enrolled law-agent may himself execute service by registered letter, and a citation stating that the induciae run from the date of posting is valid if it follows the explicit wording of the Citation Amendment (Scotland) Act 1882. The statutory requirements were met, and the objections to the validity of the citation were unfounded.

Court Disposition

appeal allowed; note of suspension refused

Orders

  • Lord Ordinary's interlocutor recalled
  • Remitted to Lord Ordinary to refuse the note of suspension