Train v. Steven [1904] ScotLR 42_64 (12 November 1904)

Train v. Steven [1904] ScotLR 42_64 (12 November 1904)

The statutory procedure under section 26 of the Bankruptcy (Scotland) Act 1856 is peremptory; warrant to cite the debtor must be granted in the first instance if the voucher is ex facie valid, and any challenge to the sufficiency of the voucher must be considered after citation, not before.

Citation
[1904] ScotLR 42_64
Parties
Petitioner: Isabella Train; Respondent: William Charles Steven
Jurisdiction
Scotland
Judgment Date
12 November 1904
Procedural Posture
Petition for Sequestration (bankruptcy) / Appeal (reclaiming Motion) Against Dismissal at First Instance
Outcome
Interlocutor of dismissal recalled; petition remitted for citation to proceed.
Legal Topics
Sequestration Procedure, Voucher of Debt, Citation of Debtor, Bankruptcy (scotland) Act 1856 S.26, Competency of Petition
Bankruptcy Civil Procedure Sequestration Procedure Voucher of Debt Citation of Debtor Bankruptcy (scotland) Act 1856 S.26 Competency of Petition

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Isabella Train

Petitioner

William Charles Steven

Respondent

Procedural Posture

Petition for Sequestration (bankruptcy) / Appeal (reclaiming Motion) Against Dismissal at First Instance

Legal Issues

  1. 1 Whether a petition for sequestration can be dismissed at the citation stage on the ground that the voucher of debt is under suspension
  2. 2 Whether the procedure under section 26 of the Bankruptcy (Scotland) Act 1856 is peremptory

Ratio Decidendi

The statutory procedure under section 26 of the Bankruptcy (Scotland) Act 1856 is peremptory; warrant to cite the debtor must be granted in the first instance if the voucher is ex facie valid, and any challenge to the sufficiency of the voucher must be considered after citation, not before.

Court Disposition

Interlocutor of dismissal recalled; petition remitted for citation to proceed.

Orders

  • Minute for William Charles Steven received
  • Interlocutor reclaimed against recalled