Wallace v. Whitelaw [1900] ScotLR 37_483 (23 February 1900)

Wallace v. Whitelaw [1900] ScotLR 37_483 (23 February 1900)

A petition for dissolution of partnership and appointment of judicial factor is incompetent if not presented to the Junior Lord Ordinary as required by the Distribution of Business Act 1857; summary petition is not appropriate where facts are disputed.

Citation
[1900] ScotLR 37_483
Parties
Petitioner: William Wallace; Respondent: Thomas Whitelaw
Jurisdiction
Scotland
Judgment Date
23 February 1900
Procedural Posture
Petition for Dissolution of Partnership and Appointment of Judicial Factor / Reclaiming Note Against Interlocutor; Inner House Review
Outcome
petition dismissed as incompetent
Legal Topics
Competency of Summary Petition, Jurisdiction of Junior Lord Ordinary, Dissolution of Partnership, Appointment of Judicial Factor
Civil Procedure Partnership Law Competency of Summary Petition Jurisdiction of Junior Lord Ordinary Dissolution of Partnership Appointment of Judicial Factor

Case Brief

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Parties

William Wallace

Petitioner

Thomas Whitelaw

Respondent

Procedural Posture

Petition for Dissolution of Partnership and Appointment of Judicial Factor / Reclaiming Note Against Interlocutor; Inner House Review

Legal Issues

  1. 1 Whether a petition for dissolution of partnership and appointment of judicial factor can be competently presented to a Lord Ordinary other than the Junior Lord Ordinary
  2. 2 Whether summary petition is the appropriate procedure for dissolution of partnership where facts are disputed

Ratio Decidendi

A petition for dissolution of partnership and appointment of judicial factor is incompetent if not presented to the Junior Lord Ordinary as required by the Distribution of Business Act 1857; summary petition is not appropriate where facts are disputed.

Court Disposition

petition dismissed as incompetent

Orders

  • Recal the whole interlocutors pronounced in the petition.
  • Dismiss the petition.