The defender Captain A. J. Macarthur appealed to the House of Lords from an interlocutor of July 20, 1915, which, on the whole proof, recalled the Sheriffs’ interlocutors, gave new findings in fact, and a finding in law that the defender was liable to the pursuer in the value of certain articles, with decree for pounds 150. The respondent objected to the competency of the appeal. In an appeal from the Sheriff Court the Court of Session allowed additional proof on the ground that the words ‘if necessary’ in section 72 of the Court of Session Act 1868 meant ‘if necessary for the ends of justice.’
Held that an appeal to the House of Lords, on facts set up after such additional proof, was incompetent, being excluded by 6 Geo. IV, cap. 120, sec. 40.
Judges:
Lord Chancellor (Buckmaster), Lord Kinnear, Lord Atkinson, and Lord Shaw
Citations:
[1916] UKHL 297, 53 SLR 297
Links:
Jurisdiction:
Scotland
Constitutional, Litigation Practice
Updated: 10 July 2022; Ref: scu.630677