Cumming v. Hendry [1913] ScotLR 308 (07 January 1913)

Cumming v. Hendry [1913] ScotLR 308 (07 January 1913)

A complainer who conditionally offers to find caution does not abandon her right to challenge the requirement for caution by reclaiming note; the reclaiming note remains competent.

Citation
[1913] ScotLR 308
Parties
Complainer: Mrs Annie Corner Tait or Cumming; Respondents: John Mitchell Hendry and Andrew Hendry junior
Jurisdiction
Scotland
Judgment Date
07 January 1913
Procedural Posture
Note of Suspension / Reclaiming Note (appeal) Against Interlocutor in Bill Chamber
Outcome
Reclaiming note held competent; cause appointed to Summar Roll.
Legal Topics
Suspension, Caution, Personal Bar, Competency of Reclaiming Note
Civil Procedure Suspension Caution Personal Bar Competency of Reclaiming Note

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Annie Corner Tait or Cumming

Complainer

John Mitchell Hendry and Andrew Hendry junior

Respondents

Procedural Posture

Note of Suspension / Reclaiming Note (appeal) Against Interlocutor in Bill Chamber

Legal Issues

  1. 1 Whether offering to find caution conditionally bars the complainer from reclaiming against the requirement to find caution
  2. 2 Whether the reclaiming note is competent after such an offer

Ratio Decidendi

A complainer who conditionally offers to find caution does not abandon her right to challenge the requirement for caution by reclaiming note; the reclaiming note remains competent.

Court Disposition

Reclaiming note held competent; cause appointed to Summar Roll.

Orders

  • Cause appointed to Summar Roll