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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v. Scottish Legal Life Assurance Society [1912] ScotLR 457 (27 February 1912) URL: http://www.bailii.org/scot/cases/ScotCS/1912/49SLR0457.html Cite as: [1912] SLR 457, [1912] ScotLR 457 |
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Page: 457↓
(Single Bills.)
[Small Debt Court at Edinburgh.
The Friendly Societies Act 1896, sec. 68, sub-sec. (7), enacts—“Notwithstanding anything contained in the Arbitration Act 1889, or in any other Act, the court and the chief or other registrar or other arbitrator or umpire to whom a dispute is referred under the rules of a registered society or branch, shall not be compelled to state a special case on any question of law arising in the case, but the court or chief or other registrar may, at the request of either party, state a case for the opinion in England or Ireland of the Supreme Court, and in Scotland of either Division of the Inner House of the Court of Session, on any question of law. …”
Held that an appeal by way of stated case, submitting for the opinion of the Court certain questions of law decided by the Sheriff, was incompetent and must be dismissed.
Johnston's Trustees v. Special Committee of Glasgow Corporation, December 21, 1911, 49 S.L.R. 269, followed.
William Smith, 2 Balcarres Street, Edinburgh, respondent, brought an action in the Small Debt Court at Edinburgh against the Scottish Legal Life Assurance Society, appellants, a friendly society registered under the Friendly Societies Acts, for repayment of £16 odd, being the premiums paid by him on a policy of assurance which he had effected, but which he now averred was not in the terms ordered by him.
On 29th January 1912 the Sheriff-Substitute ( Guy) granted decree as craved, and thereafter, in terms of section 68 of the Friendly Societies Act 1896 (59 and 60 Vict, cap. 25), stated a case for the opinion of the Court. After expressing doubt as to the competency of the case on other grounds, the Sherirf-Substitute stated:—“Further, the stated case would appear to be too late. The stated case provided for is for the opinion of the Court of Session, presumably to aid or direct me in coming to my judgment. I was not asked to state a case until after my judgment was given. The question of the competency of the appeal is properly left for the decision of the Court.”
On the case appearing in the Single Bills, counsel for the respondent objected to the competency of the appeal on the ground that it was too late. He cited Steele v. M'Intosh Brothers, November 12, 1879, 7 R. 192, 17 S.L.R. 98; and Johnston's Trustees v. Special Committee of Glasgow Corporation, December 21, 1911, 49 S.L.R. 269.
Argued for appellants—The case was competent— Linton v. City of Glasgow Friendly Society, October 30, 1895, 23 R. 51, 33 S.L.R. 42; Fuller on Friendly Societies (3rd ed.), p. 136. The case of Johnston ( cit.) was distinguishable, for the statute there in question gave a much more limited right of appeal.
I am therefore of opinion that this case as presented is incompetent.
The Court sustained the objection and dismissed the appeal.
Counsel for Pursuer— Fenton. Agent— Francis S. Cownie, S.S.C.
Counsel for Defenders— Macmillan. Agents— J. & J. Ross, W.S.
