In an action against the magistrates of a burgh for relief from certain burdens and for recovery of sums paid, the First Division on 12th March 1920 granted the decree of declarator craved and remitted the cause to the Lord Ordinary to dispose of the petitory conclusions of the summons. Leave to appeal was granted. No appeal having been presented, the pursuers (after notice to the defenders, who did not appear) obtained decree from the Lord Ordinary for the sum sued for with expenses. Both the principal sum and the pursuers’ expenses as taxed were thereafter paid by the defenders. On 24th February 1921 the defenders presented a petition and appeal against the interlocutor of 12th March 1920.
The Committee dismissed the appeal as incompetent.
Judges:
Viscount Cave, Lords Dunedin, Atkinson, Shaw, and Moulton
Citations:
[1921] UKHL 434, 58 SLR 434
Links:
Jurisdiction:
Scotland
Costs
Updated: 13 June 2022; Ref: scu.632628