Davidson, Pirie, & Co. v. Dihle [1900] ScotLR 37_446 (20 February 1900)

Davidson, Pirie, & Co. v. Dihle [1900] ScotLR 37_446 (20 February 1900)

The Court held that the objections to transference were technical and unsubstantial; the pursuers had called all known representatives, and it was unnecessary to call those whose addresses were unknown. The procedure adopted was competent for obtaining decree cognitionis causa tantum against the estate of the deceased in Scotland.

Citation
[1900] ScotLR 37_446
Parties
Pursuer: Davidson, Pirie, & Company; Defender: Heinrich Hermann Dihle (deceased) and his representatives
Jurisdiction
Scotland
Judgment Date
20 February 1900
Procedural Posture
Civil / Interlocutor on Transference of Action After Death of Foreign Defender
Outcome
Objections repelled; cause transferred against representatives for decree cognitionis causa tantum.
Legal Topics
Transference of Action, Jurisdiction Over Foreign Representatives, Cognitionis Causa Tantum, Arrestment Ad Fundandam Jurisdictionem
Civil Procedure Private International Law Succession Transference of Action Jurisdiction Over Foreign Representatives Cognitionis Causa Tantum Arrestment Ad Fundandam Jurisdictionem

Case Brief

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Parties

Davidson, Pirie, & Company

Pursuer

Heinrich Hermann Dihle (deceased) and his representatives

Defender

Procedural Posture

Civil / Interlocutor on Transference of Action After Death of Foreign Defender

Legal Issues

  1. 1 Whether an action against a deceased foreigner can be transferred against his representatives for decree cognitionis causa tantum
  2. 2 Whether failure to call all representatives (with unknown addresses) invalidates the transference
  3. 3 Competency of using arrestments ad fundandam jurisdictionem to found jurisdiction over foreign representatives

Ratio Decidendi

The Court held that the objections to transference were technical and unsubstantial; the pursuers had called all known representatives, and it was unnecessary to call those whose addresses were unknown. The procedure adopted was competent for obtaining decree cognitionis causa tantum against the estate of the deceased in Scotland.

Court Disposition

Objections repelled; cause transferred against representatives for decree cognitionis causa tantum.

Orders

  • Cause transferred against the parties named in the note, cognitionis causa tantum.
  • Decerned accordingly.