Rennie v. James [1908] ScotLR 528 (28 February 1908)
The applicant failed to prove procedural irregularity sufficient to contradict the judicial record; objections regarding agent-disburser status and stamp duty are barred by competent and omitted; decree stands as issued.
- Citation
- [1908] ScotLR 528
- Parties
- Complainer (reclaimer): R. A. Rennie; Respondent: William James
- Jurisdiction
- Scotland
- Judgment Date
- 28 February 1908
- Procedural Posture
- Suspension and Interdict / Appeal (reclaiming Motion) From Refusal of Suspension
- Outcome
- suspension refused; interlocutor adhered to
- Legal Topics
- Suspension of Charge, Sheriff Court Decree, Agent Disburser, Res Judicata, Competent and Omitted, Stamp Duty, Law Agents Acts
Case Brief
Summary, issues, holding and outcome
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Parties
R. A. Rennie
Complainer (reclaimer)
William James
Respondent
Procedural Posture
Suspension and Interdict / Appeal (reclaiming Motion) From Refusal of Suspension
Legal Issues
- 1 Whether suspension of a charge on a Sheriff Court decree for expenses in favour of an agent-disburser is warranted due to alleged procedural irregularity
- 2 Whether the respondent was properly the agent-disburser and entitled to decree
- 3 Whether failure to pay stamp duty by the respondent invalidates the decree
Ratio Decidendi
The applicant failed to prove procedural irregularity sufficient to contradict the judicial record; objections regarding agent-disburser status and stamp duty are barred by competent and omitted; decree stands as issued.
Court Disposition
suspension refused; interlocutor adhered to
Orders
- note of suspension refused
- Court adhered to Lord Ordinary's judgment
Full Case Text
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