Scottish Court of Session Decisions

Subject_1Debts Recovery Act, 30 and 31 Vict. c. 96, § 9
Subject_2Competency of Appeal
Subject_3Note of Evidence.
Facts:

In an action under the Debts Recovery Act, the defender objected to the action as incompetent, on the ground that he was not subject to the Sheriffs jurisdiction. The Sheriff, after evidence, of which he was not required by either party to take a note, found certain facts proved which established his jurisdiction, repelled the defender's plea, and, on the merits,

Page: 155↓

found for the pursuers. The defender appealed to the Court of Session. The pursuers objected to the appeal as incompetent—(1) because the sum in dispute was under £25; (2) because the Sheriff was not asked to take a note of the evidence, and therefore there could be no review. Held that although an appeal might otherwise have been open on the question of jurisdiction, in this case the Sheriff's findings in fact, which must be held to be true, were conclusive as to the question of jurisdiction; and appeal dismissed.